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[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 233 Enrolled
David L. Gladwell
Gerry A. Adair
Ron Bigelow
Blake D. Chard
Gary F. Cox
Brent H. Goodfellow
Thomas V. Hatch
Neal B. Hendrickson
David L. Hogue
Raymond W. Short
AN ACT RELATING TO STATE AFFAIRS; MAKING TECHNICAL AMENDMENTS; AND
REPEALING CERTAIN OUTDATED SECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-1-114, as enacted by Chapter 48, Laws of Utah 1977
10-2-411, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-413, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-414, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-415, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-9-605, as enacted by Chapter 108, Laws of Utah 1997
13-2-3, as last amended by Chapter 10, Laws of Utah 1997
13-11-4, as last amended by Chapter 194, Laws of Utah 1998
13-20-2, as last amended by Chapters 222 and 339, Laws of Utah 1998
16-11-2, as last amended by Chapter 140, Laws of Utah 1997
17-27-605, as enacted by Chapter 108, Laws of Utah 1997
17-35a-502, as enacted by Chapter 369, Laws of Utah 1998
17-35a-503, as enacted by Chapter 369, Laws of Utah 1998
17A-1-305 (Effective 01/01/00), as last amended by Chapter 362, Laws of Utah 1998
17A-2-1062, as enacted by Chapter 151, Laws of Utah 1998
17A-2-1247, as last amended by Chapters 211 and 308, Laws of Utah 1998
17A-2-1247.5, as last amended by Chapter 279, Laws of Utah 1998
19-6-409, as last amended by Chapters 95, 255 and 417, Laws of Utah 1998
19-6-416, as last amended by Chapter 162, Laws of Utah 1996
19-8-113, as enacted by Chapter 247, Laws of Utah 1997
20A-1-102, as last amended by Chapters 344 and 369, Laws of Utah 1998
20A-4-106, as last amended by Chapter 340, Laws of Utah 1995
20A-7-209, as last amended by Chapter 153, Laws of Utah 1995
20A-11-1201, as enacted by Chapter 158, Laws of Utah 1995
20A-14-201, as last amended by Chapter 294, Laws of Utah 1998
26-6b-3, as enacted by Chapter 211, Laws of Utah 1996
26-6b-6, as enacted by Chapter 211, Laws of Utah 1996
26-9-202, as last amended by Chapter 59, Laws of Utah 1995
26-9d-1, as enacted by Chapter 252, Laws of Utah 1992
26-9d-5, as enacted by Chapter 252, Laws of Utah 1992
26-21-3, as last amended by Chapter 209, Laws of Utah 1997
26-28-2, as last amended by Chapter 343, Laws of Utah 1995
26-32a-103.5, as last amended by Chapter 266, Laws of Utah 1996
26-32a-107, as last amended by Chapter 266, Laws of Utah 1996
26-33a-103, as last amended by Chapters 243 and 248, Laws of Utah 1996
26-40-103, as enacted by Chapter 360, Laws of Utah 1998
31A-2-104, as last amended by Chapter 344, Laws of Utah 1995
35A-1-102, as last amended by Chapter 1, Laws of Utah 1998
35A-2-202, as last amended by Chapter 1, Laws of Utah 1998
35A-3-508, as last amended by Chapter 1, Laws of Utah 1998
35A-4-205, as last amended by Chapter 375, Laws of Utah 1997
41-3-702, as last amended by Chapter 1 and renumbered and amended by Chapter 234 and
last amended by Chapter 239, Laws of Utah 1992
48-2b-102, as last amended by Chapter 56, Laws of Utah 1998
53-3-210, as last amended by Chapters 34 and 48, Laws of Utah 1996
53-3-901, as enacted by Chapter 216, Laws of Utah 1993
53-3-902, as last amended by Chapter 12, Laws of Utah 1994
53-8-213, as enacted by Chapter 66, Laws of Utah 1997
53-10-502, as enacted by Chapter 263, Laws of Utah 1998
53-11-108, as enacted by Chapter 257, Laws of Utah 1998
53-11-119, as enacted by Chapter 257, Laws of Utah 1998
53A-3-414, as enacted by Chapter 2, Laws of Utah 1988
53A-7-110, as last amended by Chapter 46, Laws of Utah 1998
53A-17a-101, as renumbered and amended by Chapter 72, Laws of Utah 1991
58-37c-11, as repealed and reenacted by Chapter 297, Laws of Utah 1993
58-37c-18, as enacted by Chapter 100, Laws of Utah 1998
58-37c-21, as enacted by Chapter 101, Laws of Utah 1998
58-37d-9, as enacted by Chapter 101, Laws of Utah 1998
58-47b-102, as last amended by Chapter 159, Laws of Utah 1998
58-47b-304, as last amended by Chapters 13 and 159, Laws of Utah 1998
58-60-103, as last amended by Chapter 248, Laws of Utah 1997
58-60-107, as last amended by Chapter 311, Laws of Utah 1998
58-65-302, as last amended by Chapter 375, Laws of Utah 1997
59-7-611, as last amended by Chapter 322, Laws of Utah 1998
59-9-101.1, as enacted by Chapter 46, Laws of Utah 1997
59-10-405, as last amended by Chapter 129, Laws of Utah 1996
59-12-201, as renumbered and amended by Chapter 5, Laws of Utah 1987
59-12-702, as last amended by Chapters 193 and 209, Laws of Utah 1998
59-23-4, as enacted by Chapter 179, Laws of Utah 1997
62A-4a-403, as last amended by Chapter 214 and renumbered and amended by Chapter 260,
Laws of Utah 1994
63-9a-6, as last amended by Chapter 314, Laws of Utah 1998
63-38-2, as last amended by Chapters 13 and 254, Laws of Utah 1998
63-46b-1, as last amended by Chapter 375, Laws of Utah 1997
63-55-209, as last amended by Chapter 13, Laws of Utah 1998
63-55-258, as last amended by Chapter 227, Laws of Utah 1998
63A-5-220, as last amended by Chapters 384 and 407, Laws of Utah 1998
63C-3-104, as last amended by Chapter 93, Laws of Utah 1998
63C-7-211, as enacted by Chapter 136, Laws of Utah 1997
63C-9-501, as enacted by Chapter 285, Laws of Utah 1998
63D-1-204, as renumbered and amended by Chapter 73, Laws of Utah 1997
64-9b-2, as last amended by Chapter 158, Laws of Utah 1997
64-9b-6, as last amended by Chapter 92, Laws of Utah 1987
67-19a-401, as last amended by Chapters 101 and 204, Laws of Utah 1991
70A-2a-534, as enacted by Chapter 166, Laws of Utah 1997
72-7-106, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-204, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-401, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-402, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-404, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-502, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-505, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-510, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-515, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-12-109, as renumbered and amended by Chapter 270, Laws of Utah 1998
73-15-5, as enacted by Chapter 193, Laws of Utah 1973
75-2-610, as repealed and reenacted by Chapter 39, Laws of Utah 1998
76-6-404.5, as enacted by Chapter 138, Laws of Utah 1998
77-18-9, as last amended by Chapters 170 and 263, Laws of Utah 1998
77-32a-2, as last amended by Chapter 215, Laws of Utah 1997
78-5-101, as last amended by Chapter 216, Laws of Utah 1997
78-5-102, as last amended by Chapter 118, Laws of Utah 1997
78-5-103, as last amended by Chapter 212, Laws of Utah 1997
78-14a-101, as last amended by Chapter 248, Laws of Utah 1996
78-30-3.5, as last amended by Chapters 80 and 263, Laws of Utah 1998
78-45f-202, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-46-1, as enacted by Chapter 130, Laws of Utah 1979
RENUMBERS AND AMENDS:
63-55b-131, (Renumbered from 63-55b-3101, as enacted by Chapter 130, Laws of Utah
1998)
63-55b-153, (Renumbered from 63-55b-5301, as last amended by Chapter 343, Laws of
Utah 1998)
63-55b-159, (Renumbered from 63-55b-5901, as enacted by Chapters 46, 345 and 346, Laws
of Utah 1997)
63-55b-163, (Renumbered from 63-55b-6301, as enacted by Chapters 312 and 364, Laws of
Utah 1998)
REPEALS:
53-3-107, as enacted by Chapter 282, Laws of Utah 1997
53-4-101, as enacted by Chapter 234, Laws of Utah 1993
63-55b-6501, as enacted by Chapter 319, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-1-114 is amended to read:
10-1-114. Repealer.
[
repealed, except as provided in Section 10-1-115 [
[
[
[
[
Section 2. Section 10-2-411 is amended to read:
10-2-411. Disqualification of commission member -- Alternate member.
(1) A member of the commission is disqualified with respect to a protest before the
commission if that member owns property:
(a) within the area proposed for annexation in a petition that is the subject of the protest; or
(b) that is in the unincorporated area within 1/2 mile of the area proposed for annexation in
a petition that is the subject of a protest under Subsection 10-2-407 (1)[
(2) If a member is disqualified under Subsection (1), the body that appointed the disqualified
member shall appoint an alternate member to serve on the commission for purposes of the protest
as to which the member is disqualified.
Section 3. Section 10-2-413 is amended to read:
10-2-413. Feasibility consultant -- Feasibility study -- Modifications to feasibility study.
(1) (a) Unless a proposed annexing municipality denies an annexation petition under
Subsection 10-2-407 (3)(a)(i)(A) and except as provided in Subsection (1)(b), the commission shall
choose and engage a feasibility consultant within 45 days of:
(i) the commission's receipt of a protest under Section 10-2-407 , if the commission had been
created before the filing of the protest; or
(ii) the commission's creation, if the commission is created after the filing of a protest.
(b) Notwithstanding Subsection (1)(a), the commission may not require a feasibility study
with respect to a proposed annexation that meets the criteria of Subsection 10-2-407 (2)(e).
(2) The commission shall require the feasibility consultant to:
(a) complete a feasibility study on the proposed annexation and submit written results of the
study to the commission no later than 75 days after the feasibility consultant is engaged to conduct
the study;
(b) submit with the full written results of the feasibility study a summary of the results no
longer than a page in length; and
(c) attend the public hearing under Subsection 10-2-415 (1) and present the feasibility study
results and respond to questions at that hearing.
(3) (a) Subject to Subsection (4), the feasibility study shall consider:
(i) the population and population density within the area proposed for annexation, the
surrounding unincorporated area, and, if a protest was filed by a municipality with boundaries within
1/2 mile of the area proposed for annexation, that municipality;
(ii) the geography, geology, and topography of and natural boundaries within the area
proposed for annexation, the surrounding unincorporated area, and, if a protest was filed by a
municipality with boundaries within 1/2 mile of the area proposed for annexation, that municipality;
(iii) whether the proposed annexation eliminates, leaves, or creates an unincorporated island
or peninsula;
(iv) whether the proposed annexation will hinder or prevent a future and more logical and
beneficial annexation or a future logical and beneficial incorporation;
(v) the fiscal impact of the proposed annexation on the remaining unincorporated area, other
municipalities, special districts, school districts, and other governmental entities;
(vi) current and five-year projections of demographics and economic base in the area
proposed for annexation and surrounding unincorporated area, including household size and income,
commercial and industrial development, and public facilities;
(vii) projected growth in the area proposed for annexation and the surrounding
unincorporated area during the next five years;
(viii) the present and five-year projections of the cost of governmental services in the area
proposed for annexation;
(ix) the present and five-year projected revenue to the proposed annexing municipality from
the area proposed for annexation;
(x) the projected impact the annexation will have over the following five years on the
amount of taxes that property owners within the area proposed for annexation, the proposed
annexing municipality, and the remaining unincorporated county will pay;
(xi) past expansion in terms of population and construction in the area proposed for
annexation and the surrounding unincorporated area;
(xii) the extension during the past ten years of the boundaries of each other municipality near
the area proposed for annexation, the willingness of the other municipality to annex the area
proposed for annexation, and the probability that another municipality would annex some or all of
the area proposed for annexation during the next five years if the annexation did not occur;
(xiii) the history, culture, and social aspects of the area proposed for annexation and
surrounding area;
(xiv) the method of providing and the entity that has provided municipal-type services in the
past to the area proposed for incorporation and the feasibility of municipal-type services being
provided by the proposed annexing municipality; and
(xv) the effect on each school district whose boundaries include part or all of the area
proposed for annexation or the proposed annexing municipality.
(b) For purposes of Subsection (3)(a)(ix), the feasibility consultant shall assume ad valorem
property tax rates on residential property within the area proposed for annexation at the same level
that residential property within the proposed annexing municipality would be without the annexation.
(c) For purposes of Subsection (3)(a)(viii), the feasibility consultant shall assume that the
level and quality of governmental services that will be provided to the area proposed for annexation
in the future is essentially comparable to the level and quality of governmental services being
provided within the proposed annexing municipality at the time of the feasibility study.
(4) (a) Except as provided in Subsection (4)(b), the commission may modify the depth of
study of and detail given to the items listed in Subsection (3)(a) by the feasibility consultant in
conducting the feasibility study depending upon:
(i) the size of the area proposed for annexation;
(ii) the size of the proposed annexing municipality;
(iii) the extent to which the area proposed for annexation is developed;
(iv) the degree to which the area proposed for annexation is expected to develop and the type
of development expected; and
(v) the number and type of protests filed against the proposed annexation.
(b) Notwithstanding Subsection (4)(a), the commission may not modify the requirement that
the feasibility consultant provide a full and complete analysis of the items listed in Subsections
(3)(a)(viii), (ix), and (xv).
(5) If the results of the feasibility study do not meet the requirements of Subsection
10-2-416 (3), the feasibility consultant may, as part of the feasibility study, make recommendations
as to how the boundaries of the area proposed for annexation may be altered so that the requirements
of Subsection 10-2-416 (3) may be met.
(6) (a) Except as provided in Subsection (6)(b), the feasibility consultant fees and expenses
shall be shared equally by the proposed annexing municipality and each entity or group under
Subsection 10-2-407 (1) that files a protest.
(b) (i) Except as provided in Subsection (6)(b)(ii), if a protest is filed by property owners
under Subsection 10-2-407 (1)[
pay the owners' share of the feasibility consultant's fees and expenses.
(ii) Notwithstanding Subsection (6)(b)(i), if both the county and the property owners file a
protest, the county and the proposed annexing municipality shall equally share the property owners'
share of the feasibility consultant's fees and expenses.
Section 4. Section 10-2-414 is amended to read:
10-2-414. Modified annexation petition -- Supplemental feasibility study.
(1) (a) (i) If the results of the feasibility study do not meet the requirements of Subsection
10-2-416 (3), the sponsors of the annexation petition may, within 45 days of the feasibility
consultant's submission of the results of the study, file with the city recorder or town clerk of the
proposed annexing municipality a modified annexation petition altering the boundaries of the
proposed annexation.
(ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
sponsors of the annexation petition shall deliver or mail a copy of the modified annexation petition
to the clerk of the county in which the area proposed for annexation is located.
(b) Each modified annexation petition under Subsection (1)(a) shall comply with the
requirements of Subsections 10-2-403 (2), (3), and (4).
(2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified annexation
petition, the city recorder or town clerk, as the case may be, shall follow the same procedure for the
modified annexation petition as provided under Subsections 10-2-405 (2) and (3)(a) for an original
annexation petition.
(b) If the city recorder or town clerk certifies the modified annexation petition under
Subsection 10-2-405 (2)(b)(i), the city recorder or town clerk, as the case may be, shall send written
notice of the certification to:
(i) the commission;
(ii) each entity that filed a protest to the annexation petition; and
(iii) if a protest was filed under Subsection 10-2-407 (1)[
(c) (i) If the modified annexation petition proposes the annexation of an area that includes
part or all of a special district or school district that was not included in the area proposed for
annexation in the original petition, the city recorder or town clerk, as the case may be, shall also send
notice of the certification of the modified annexation petition to the board of the special district or
school district.
(ii) If the area proposed for annexation in the modified annexation petition is within 1/2 mile
of the boundaries of a municipality whose boundaries were not within 1/2 mile of the area proposed
for annexation in the original annexation petition, the city recorder or town clerk, as the case may
be, shall also send notice of the certification of the modified annexation petition to the legislative
body of that municipality.
(3) Within ten days of the commission's receipt of the notice under Subsection (2)(b), the
commission shall engage the feasibility consultant that conducted the feasibility study to supplement
the feasibility study to take into account the information in the modified annexation petition that was
not included in the original annexation petition.
(4) The commission shall require the feasibility consultant to complete the supplemental
feasibility study and to submit written results of the supplemental study to the commission no later
than 30 days after the feasibility consultant is engaged to conduct the supplemental feasibility study.
Section 5. Section 10-2-415 is amended to read:
10-2-415. Public hearing -- Notice.
(1) If the results of the feasibility study or supplemental feasibility study meet the
requirements of Subsection 10-2-416 (3), the commission shall hold a public hearing within 30 days
of receipt of the feasibility study or supplemental feasibility study results.
(2) At the hearing under Subsection (1), the commission shall:
(a) require the feasibility consultant to present the results of the feasibility study and, if
applicable, the supplemental feasibility study;
(b) allow those present to ask questions of the feasibility consultant regarding the study
results; and
(c) allow those present to speak to the issue of annexation.
(3) (a) The commission shall:
(i) publish notice of the hearing at least once a week for two successive weeks in a
newspaper of general circulation within the area proposed for annexation, the surrounding 1/2 mile
of unincorporated area, and the proposed annexing municipality; and
(ii) send written notice of the hearing to the municipal legislative body of the proposed
annexing municipality, the contact sponsor on the annexation petition, each entity that filed a protest,
and, if a protest was filed under Subsection 10-2-407 (1)[
(b) If there is no newspaper of general circulation within the areas described in Subsection
(3)(a)(i), the commission shall give the notice required under that subsection by posting notices, at
least seven days before the hearing, in conspicuous places within those areas that are most likely to
give notice of the hearing to the residents of those areas.
(c) The notices under Subsections (3)(a) and (b) shall include the feasibility study summary
under Subsection 10-2-413 (2)(b) and shall indicate that a full copy of the study is available for
inspection and copying at the office of the commission.
(4) (a) The commission shall record the hearing under this section by electronic means.
(b) A transcription of the recording under Subsection (4)(a), the feasibility study, information
received at the hearing, and the written decision of the commission shall constitute the record of the
hearing.
Section 6. Section 10-9-605 is amended to read:
10-9-605. Residences for persons with a disability.
(1) As used in this section:
(a) "Disability" is defined in Section 57-21-2 .
(b) "Residential facility for persons with a disability" means a residence:
(i) in which more than one person with a disability resides; and
(ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
2, Licensure of Programs and Facilities.
(2) Each municipality shall adopt an ordinance for residential facilities for persons with a
disability. The ordinance:
(a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
(b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
a disability to be reasonably dispersed throughout the municipality; and
(c) shall provide that a residential facility for persons with a disability:
(i) is a permitted use in any zoning area where residential dwellings are allowed; and
(ii) may only be required to obtain permits that verify compliance with the building, safety,
and health regulations that are applicable to similar structures.
(3) The responsibility to license programs or entities which operate facilities for persons with
a disability, as well as to require and monitor the provision of adequate services to persons residing
in those facilities, shall rest with the Department of Human Services as provided in [
Section 7. Section 13-2-3 is amended to read:
13-2-3. Employment of personnel -- Compensation of director.
(1) The director, with the approval of the executive director, may employ personnel necessary
to carry out the duties and responsibilities of the division at salaries established by the executive
director according to standards established by the Department of Administrative Services.
(2) The executive director shall establish the salary of the director according to standards
established by the Department of Administrative Services.
(3) The director may employ specialists, technical experts, or investigators to participate or
assist in investigations if they reasonably require expertise beyond that normally required for division
personnel.
(4) An investigator employed pursuant to Subsection (3) may be designated a special
function officer, as defined in Section [
retirement benefits under the Public Safety Employee's Retirement System.
Section 8. Section 13-11-4 is amended to read:
13-11-4. Deceptive act or practice by supplier.
(1) A deceptive act or practice by a supplier in connection with a consumer transaction
violates this chapter whether it occurs before, during, or after the transaction.
(2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or
practice if the supplier knowingly or intentionally:
(a) indicates that the subject of a consumer transaction has sponsorship, approval,
performance characteristics, accessories, uses, or benefits, if it has not;
(b) indicates that the subject of a consumer transaction is of a particular standard, quality,
grade, style, or model, if it is not;
(c) indicates that the subject of a consumer transaction is new, or unused, if it is not, or has
been used to an extent that is materially different from the fact;
(d) indicates that the subject of a consumer transaction is available to the consumer for a
reason that does not exist;
(e) indicates that the subject of a consumer transaction has been supplied in accordance with
a previous representation, if it has not;
(f) indicates that the subject of a consumer transaction will be supplied in greater quantity
than the supplier intends;
(g) indicates that replacement or repair is needed, if it is not;
(h) indicates that a specific price advantage exists, if it does not;
(i) indicates that the supplier has a sponsorship, approval, or affiliation the supplier does not
have;
(j) indicates that a consumer transaction involves or does not involve a warranty, a
disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations, if the
representation is false;
(k) indicates that the consumer will receive a rebate, discount, or other benefit as an
inducement for entering into a consumer transaction in return for giving the supplier the names of
prospective consumers or otherwise helping the supplier to enter into other consumer transactions,
if receipt of the benefit is contingent on an event occurring after the consumer enters into the
transaction;
(l) after receipt of payment for goods or services, fails to ship the goods or furnish the
services within the time advertised or otherwise represented or, if no specific time is advertised or
represented, fails to ship the goods or furnish the services within 30 days, unless within the
applicable time period the supplier provides the buyer with the option to either cancel the sales
agreement and receive a refund of all previous payments to the supplier or to extend the shipping
date to a specific date proposed by the supplier, but any refund shall be mailed or delivered to the
buyer within ten business days after the seller receives written notification from the buyer of the
buyer's right to cancel the sales agreement and receive the refund;
(m) fails to furnish a notice of the purchaser's right to cancel a direct solicitation sale within
three business days of the time of purchase if the sale is made other than at the supplier's established
place of business pursuant to the supplier's mail, telephone, or personal contact and if the sale price
exceeds $25, unless the supplier's cancellation policy is communicated to the buyer and the policy
offers greater rights to the buyer than this Subsection (2)(m), which notice shall be a conspicuous
statement written in dark bold at least 12 point type, on the first page of the purchase documentation,
and shall read as follows: "YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY
TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time period reflecting the
supplier's cancellation policy but not less than three business days) AFTER THE DATE OF THE
TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER.";
(n) promotes, offers, or grants participation in a pyramid scheme as defined under Title 76,
Chapter 6a, Pyramid Scheme Act;
(o) represents that the funds or property conveyed in response to a charitable solicitation will
be donated or used for a particular purpose or will be donated to or used by a particular organization,
if the representation is false; or
(p) if a consumer indicates his intention of making a claim for a motor vehicle repair against
his motor vehicle insurance policy:
(i) commences the repair without first giving the consumer oral and written notice of:
(A) the total estimated cost of the repair; and
(B) the total dollar amount the consumer is responsible to pay for the repair, which dollar
amount may not exceed the applicable deductible or other copay arrangement in the consumer's
insurance policy; or
(ii) requests or collects from a consumer an amount that exceeds the dollar amount a
consumer was initially told he was responsible to pay as an insurance deductible or other copay
arrangement for a motor vehicle repair under Subsection (2)(p)(i), even if that amount is less than
the full amount the motor vehicle insurance policy requires the insured to pay as a deductible or other
copay arrangement, unless:
(A) the consumer's insurance company denies that coverage exists for the repair, in which
case, the full amount of the repair may be charged and collected from the consumer; or
(B) the consumer misstates, before the repair is commenced, the amount of money the
insurance policy requires the consumer to pay as a deductible or other copay arrangement, in which
case, the supplier may charge and collect from the consumer an amount that does not exceed the
amount the insurance policy requires the consumer to pay as a deductible or other copay
arrangement.
Section 9. Section 13-20-2 is amended to read:
13-20-2. Definitions.
As used in this chapter:
(1) "Consumer" means an individual who has entered into an agreement or contract for the
transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or sublease,
during the duration of the period defined under Section 13-20-5 .
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named as
the warrantor on an express written warranty on a motor vehicle.
(3) "Motor home" means a self-propelled vehicular unit, primarily designed as a temporary
dwelling for travel, recreational, and vacation use.
(4) (a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis
sold in this state; and
(ii) a motor vehicle, as defined in Section 41-1a-102 , sold in this state.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile
dwelling, office, or commercial space;
(ii) farm tractor, motorcycle, road tractor, or truck tractor as defined in Section 41-1a-102 ;
(iii) mobile home as defined in Section 41-1a-102 ; or
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
home as defined under Subsection [
Section 10. Section 16-11-2 is amended to read:
16-11-2. Definitions.
As used in this chapter:
(1) "Filed" means the division has received and approved, as to form, a document submitted
under the provisions of this chapter, and has marked on the face of the document a stamp or seal
indicating the time of day and date of approval, the name of the division, the division director's
signature and division seal, or facsimiles of the signature or seal.
(2) "Professional corporation" means a corporation organized under this chapter.
(3) "Professional service" means the personal service rendered by:
(a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67,
Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
(b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
(c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
(d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
Practice Act, and any subsequent laws regulating the practice of chiropractic;
(e) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician
Licensing Act, and any subsequent laws regulating the practice of podiatry;
(f) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
Act, and any subsequent laws regulating the practice of optometry;
(g) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
any subsequent laws regulating the practice of veterinary medicine;
(h) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and
any subsequent laws regulating the practice of architecture;
(i) a public accountant holding a license under Title 58, Chapter 26, Certified Public
Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
(j) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician Practice
Act, and any subsequent laws regulating the practice of naturopathy;
(k) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
any subsequent laws regulating the practice of pharmacy;
(l) an attorney granted the authority to practice law by:
(i) the Utah Supreme Court, as provided in Title 78, Chapter 51, Attorneys and Counselors;
or
(ii) the Supreme Court, other court, agency, instrumentality, or regulating board that licenses
or regulates the authority to practice law in any state or territory of the United States other than Utah;
(m) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
and Professional Land Surveyor Licensing Act;
(n) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
Division of Real Estate, and any subsequent laws regulating the selling, exchanging, purchasing,
renting, or leasing of real estate;
(o) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act,
and any subsequent laws regulating the practice of psychology;
(p) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2,
Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
(q) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
Practice Act, and any subsequent laws regulating the practice of physical therapy; or
(r) a nurse licensed under Title 58, Chapter [
44a, Nurse Midwife Practice Act.
(4) "Regulating board" means the board that is charged with the licensing and regulation of
the practice of the profession which the professional corporation is organized to render. The
definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act, apply to this chapter
unless the context clearly indicates that a different meaning is intended.
Section 11. Section 17-27-605 is amended to read:
17-27-605. Residences for persons with a disability.
(1) As used in this section:
(a) "Disability" is defined in Section 57-21-2 .
(b) "Residential facility for persons with a disability" means a residence:
(i) in which more than one person with a disability resides; and
(ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
2, Licensure of Programs and Facilities.
(2) Each county shall adopt an ordinance for residential facilities for persons with a
disability. The ordinance:
(a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
(b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
a disability to be reasonably dispersed throughout the county; and
(c) shall provide that a residential facility for persons with a disability:
(i) is a permitted use in any zoning area where residential dwellings are allowed; and
(ii) may only be required to obtain permits that verify compliance with the building, safety,
and health regulations that are applicable to similar structures.
(3) The responsibility to license programs or entities which operate facilities for persons with
a disability, as well as to require and monitor the provision of adequate services to persons residing
in those facilities, shall rest with the Department of Human Services as provided in [
Section 12. Section 17-35a-502 is amended to read:
17-35a-502. County executive-council form of county government.
(1) (a) A county operating under the form of government known as the "county
executive-council" form shall be governed by the county council, a county executive, and such other
officers and employees as are authorized by law.
(b) The optional plan shall provide for the qualifications, time, and manner of election, term
of office, compensation, and removal of the county executive.
(2) The county executive shall be the chief executive officer or body of the county and shall
have the powers and duties provided in Subsection [
(3) In the county executive-council form of county government, the legislative powers of the
county shall be vested in the county council, and the executive powers of the county shall be vested
in the county executive.
(4) References in any statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the county executive-council form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county executive, with respect to executive functions, duties, and powers.
Section 13. Section 17-35a-503 is amended to read:
17-35a-503. Council-manager form of county government.
(1) A county operating under the form of government known as the "council-manager" form
shall be governed by the county council, a county manager appointed by the council, and such other
officers and employees as are authorized by law. The optional plan shall provide for the
qualifications, time and manner of appointment, term of office, compensation, and removal of the
county manager.
(2) The county manager shall be the administrative head of the county government and shall
have the powers and duties of a county executive, under Subsection [
except that the county manager shall not have any power of veto over ordinances enacted by the
council.
(3) No member of the council shall directly or indirectly, by suggestion or otherwise, attempt
to influence or coerce the manager in the making of any appointment or removal of any officer or
employee or in the purchase of supplies, attempt to exact any promise relative to any appointment
from any candidate for manager, or discuss directly or indirectly with him the matter of specific
appointments to any county office or employment. A violation of the foregoing provisions of this
Subsection (3) shall forfeit the office of the offending member of the council. Nothing in this section
shall be construed, however, as prohibiting the council while in open session from fully and freely
discussing with or suggesting to the manager anything pertaining to county affairs or the interests
of the county. Neither manager nor any person in the employ of the county shall take part in securing,
or contributing any money toward, the nomination or election of any candidate for a county office.
The optional plan may provide procedures for implementing this Subsection (3).
(4) In the council-manager form of county government, the legislative powers of the county
shall be vested in the county council, and the executive powers of the county shall be vested in the
county manager.
(5) A reference in statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the council-manager form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county manager, with respect to executive functions, duties, and powers.
Section 14. Section 17A-1-305 (Effective 01/01/00) is amended to read:
17A-1-305 (Effective 01/01/00). Special district board -- Election procedures.
(1) Except as provided in Subsection [
as provided in this section.
(2) Each election of a special district board member shall be held in conjunction with the
regular general election at polling places designated by the clerk of each county in which the special
district is located.
(3) (a) The clerk of each special district with a board member position to be filled at the next
regular general election shall provide notice of:
(i) each elective position of the special district to be filled at the next regular general
election;
(ii) the constitutional and statutory qualifications for each position; and
(iii) the dates and times for filing a declaration of candidacy.
(b) The notice required under Subsection (3)(a) shall be:
(i) posted in at least five public places within the special district at least ten days before the
first day for filing a declaration of candidacy; or
(ii) published in a newspaper of general circulation within the special district at least three
but no more than ten days before the first day for filing a declaration of candidacy.
(4) (a) To become a candidate for an elective special district board position, the prospective
candidate shall file a declaration of candidacy in person with the special district, during office hours
and not later than 5 p.m. between July 15 and August 15 of any even numbered year.
(b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
on the following Monday.
(c) Before the filing officer may accept any declaration of candidacy, the filing officer shall:
(i) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking;
(ii) require the candidate to state whether or not the candidate meets those requirements;
(iii) if the prospective candidate does not meet the qualification requirements for the office,
the filing officer may not accept the declaration of candidacy; and
(iv) if it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall accept the declaration of candidacy.
(d) (i) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number, if
any)____________; that I am a registered voter and qualified elector of the special district; that I am
a candidate for the office of ____________(stating the term) to be voted upon at the November
regular general election to be held on Tuesday, the ______ day of November, ____, and I hereby
request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(ii) If at least one person does not file a declaration of candidacy as required by this section,
a person shall be appointed to fill that board position by following the procedures and requirements
for appointment established in Section 20A-1-512 .
(5) There shall be no primary election.
(6) (a) The special district clerk shall certify the candidate names to the clerk of each county
in which the special district is located no later than August 20 of the regular general election year.
(b) The clerk of each county in which the special district is located shall list the name of each
candidate for special district office in the nonpartisan section of the regular general election ballot
as provided in Title 20A, Chapter 6, Part 3, Regular General Election Ballots.
(7) (a) Only qualified electors of the special district who are registered to vote and who are
entitled to vote may vote.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(8) Except as otherwise provided by this section, the election of special district board
members is governed by Title 20A, Election Code.
(9) (a) A person elected to serve on a special district board shall serve a four-year term,
beginning on the January 1 after the person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(10) The term of a person serving on a special district board as of May 1, 2000, whose
election falls on an odd-numbered year is extended one year so that the person's election will be on
the next November election day in an even-numbered year.
(11) (a) If the application of Subsection (10) causes a disproportionate number of elected and
appointed terms to expire at the same time, or if for any other reason a disproportionate number of
positions expire at the same time, a number of elected terms shall be extended to January 1 following
the next regular general election, or, in the case of appointed terms, a number of appointed terms
shall be extended to January 1 following the normal expiration of appointed terms, to equalize, to
the extent possible, the number of board positions expiring at the same time.
(b) The board member whose term is to be extended shall be determined by lot.
(c) After this apportionment has taken place, all board terms shall be four years.
(12) Each special district shall reimburse the county holding an election under this section
for the costs of the election attributable to that special district.
(13) This section does not apply to a county improvement district under Chapter 2, Part 3,
County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, that provides
electric or gas service or to an irrigation district under Chapter 2, Part 7, Irrigation Districts.
Section 15. Section 17A-2-1062 is amended to read:
17A-2-1062. Multicounty district may employ or contract for security officers --
Security officer status and powers -- Limitation on damages.
(1) The governing body of a multicounty district may employ security officers or contract
with a private firm to supply security officers for the district.
(2) Each security officer employed or supplied under Subsection (1) is a special function
officer under Section [
(3) The duties of a security officer under this section include:
(a) issuing a citation for a violation of Subsection 17A-2-1061 (1);
(b) enforcing the district's parking ordinance under Subsection 17A-2-1061 (3);
(c) detaining a person committing a felony or misdemeanor at a transit facility until law
enforcement authorities arrive, if the security officer has probable cause to believe that the person
committed a felony or misdemeanor; and
(d) security functions respecting transit facilities and preserving the security, peace, and
safety of persons using transit facilities.
(4) A person may not recover damages in an action based on a claim related to a security
officer's conduct if:
(a) the security officer had probable cause to believe that the person had committed a felony
or misdemeanor at a transit facility; and
(b) the security officer acted reasonably under the circumstances.
Section 16. Section 17A-2-1247 is amended to read:
17A-2-1247. Tax increment financing authorized -- Division of tax revenues -- Greater
allocation allowed if authorized by taxing agency.
(1) This section applies to projects for which a preliminary plan has been prepared prior to
April 1, 1993, and for which all of the following have occurred prior to July 1, 1993: the agency
blight study has been completed, and a hearing under Section 17A-2-1221 has in good faith been
commenced by the agency.
(2) Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable
property in a redevelopment project each year by or for the benefit of the state, any city, county, city
and county, district, or other public corporation (hereinafter sometimes called "taxing agencies")
after the effective date of the ordinance approving the redevelopment plan, shall be divided as
follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is
levied each year by or for each of the taxing agencies upon the total sum of the taxable value of the
taxable property in the redevelopment project as shown upon the assessment roll used in connection
with the taxation of the property by the taxing agency, last equalized prior to the effective date of the
ordinance, shall be allocated to and when collected shall be paid into the funds of the respective
taxing agencies as taxes by or for the taxing agencies on all other property are paid (for the purpose
of allocating taxes levied by or for any taxing agency or agencies which did not include the territory
in a redevelopment project on the effective date of the ordinance but to which the territory has been
annexed or otherwise included after the effective date, the assessment roll of the county last
equalized on the effective date of the ordinance shall be used in determining the taxable value of the
taxable property in the project on the effective date).
(b) In a redevelopment project with a redevelopment plan adopted before April 1, 1983, that
portion of the levied taxes each year in excess of the amount allocated to and when collected paid
into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to and
when collected shall be paid into a special fund of the redevelopment agency to pay the principal of
and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or
otherwise) incurred by the redevelopment agency before April 1, 1983, to finance or refinance, in
whole or in part, the redevelopment project. Payment of tax revenues to the redevelopment agency
shall be subject to and shall except uncollected or delinquent taxes in the same manner as payments
of taxes to other taxing agencies are subject to collection. Unless and until the total taxable value
of the taxable property in a redevelopment project exceeds the total taxable value of the taxable
property in the project as shown by the last equalized assessment roll referred to in Subsection (2)(a),
all of the taxes levied and collected upon the taxable property in the redevelopment project shall be
paid into the funds of the respective taxing agencies. When the loans, advances, and indebtedness,
if any, and any interest have been paid, all moneys received from taxes upon the taxable property in
the redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on
all other property are paid.
(c) Notwithstanding the provisions of Subsections (2)(a) and (e), Subsection 17A-2-1210 (5),
or any other provision of this part, any loans, moneys advanced to, or indebtedness (whether funded,
refunded, assumed, or otherwise) issued prior to April 1, 1983, may be refinanced and repaid from
100% of that portion of the levied taxes paid into the special fund of the redevelopment agency each
year in excess of the amount allocated to and when collected paid into the funds of the respective
taxing agencies under Subsection (2)(a) if the principal amount of loans, moneys advanced to, or
indebtedness is not increased in the refinancing.
(d) In a redevelopment project with a redevelopment plan adopted before April 1, 1983, that
portion of the levied taxes each year in excess of the amount allocated to and when collected paid
into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to and
when collected shall be paid into a special fund of the redevelopment agency according to the limits
established in Subsection (2)(f) to pay the principal of and interest on loans, moneys advanced to,
or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the redevelopment
agency after April 1, 1983, to finance or refinance, in whole or in part, the redevelopment project.
Payment of tax revenues to the redevelopment agency shall be subject to and shall except uncollected
or delinquent taxes in the same manner as payments of taxes to other taxing agencies are subject to
collection. Unless and until the total taxable value of the taxable property in a redevelopment project
exceeds the total taxable value of the taxable property in the project as shown by the last equalized
assessment roll referred to in Subsection (2)(a), all of the taxes levied and collected upon the taxable
property in the redevelopment project shall be paid into the funds of the respective taxing agencies.
When the loans, advances, and indebtedness, if any, and any interest have been paid, all moneys
received from taxes upon the taxable property in the redevelopment project shall be paid into the
funds of the respective taxing agencies as taxes on all other property are paid.
(e) In a redevelopment project with a redevelopment plan adopted after April 1, 1983, that
portion of the levied taxes each year in excess of the amount allocated to and when collected paid
into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to and
when collected shall be paid into a special fund of the redevelopment agency according to the limits
established in Subsection (2)(f) to pay the principal of and interest on loans, moneys advanced to,
or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the redevelopment
agency after April 1, 1983, to finance or refinance, in whole or in part, the redevelopment project.
Payment of tax revenues to the redevelopment agency shall be subject to and shall except uncollected
or delinquent taxes in the same manner as payments of taxes to other taxing agencies are subject to
collection. Unless and until the total taxable value of the taxable property in a redevelopment project
exceeds the total taxable value of the taxable property in the project as shown by the last equalized
assessment roll referred to in Subsection (2)(a), all of the taxes levied and collected upon the taxable
property in the redevelopment project shall be paid into the funds of the respective taxing agencies.
When the loans, advances, and indebtedness, if any, and any interest have been paid, all moneys
received from taxes upon the taxable property in the redevelopment project shall be paid into the
funds of the respective taxing agencies as taxes on all other property are paid.
(f) For purposes of Subsections (2)(d) and (e), the maximum amounts which shall be
allocated to and when collected shall be paid into the special fund of a redevelopment agency may
not exceed the following percentages:
(i) for a period of the first five tax years commencing from the first tax year a redevelopment
agency accepts an amount allocated to and when collected paid into a special fund of the
redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
indebtedness (whether funded, refunded, assumed, or otherwise) which loans, advances, or
indebtedness are incurred by the redevelopment agency after April 1, 1983, 100% of that portion of
the levied taxes each year in excess of the amount allocated to and when collected paid into the funds
of the respective taxing agencies under Subsection (2)(a);
(ii) for a period of the next five tax years 80% of that portion of the levied taxes each year
in excess of the amount allocated to and when collected paid into the funds of the respective taxing
agencies under Subsection (2)(a);
(iii) for a period of the next five tax years 75% of that portion of the levied taxes each year
in excess of the amount allocated to and when collected paid into the funds of the respective taxing
agencies under Subsection (2)(a);
(iv) for a period of the next five tax years 70% of that portion of the levied taxes each year
in excess of the amount allocated to and when collected paid into the funds of the respective taxing
agencies under Subsection (2)(a); and
(v) for a period of the next five tax years 60% of that portion of the levied taxes each year
in excess of the amount allocated to and when collected paid into the funds of the respective taxing
agencies under Subsection (2)(a).
(g) (i) In addition to the maximum amounts allocated to and when collected paid into the
special fund of a redevelopment agency under Subsection (2)(f), a redevelopment agency may
receive an additional percentage greater than those described in Subsection (2)(f) if the amount of
the tax increment funding received from the greater percentage is used:
(A) for an agency established by the governing body of a first class city:
(I) solely to pay all or part of the value of the land for and the cost of the installation and
construction of any building, facility, structure, or other improvement of a publicly or
privately-owned convention center or sports complex, including parking and infrastructure
improvements related to such convention center or sports complex; or
(II) solely to pay all or part of the cost of the installation and construction of an underpass
that has not received funding from the Centennial Highway [
72-2-118 as part of the construction of Interstate 15; or
(B) for any agency, to pay all or part of the cost of the installation, construction, or
reconstruction of the 10000 South underpass or the 11400 South or 12300 South interchange on I-15
in Salt Lake County.
(ii) The additional percentage a redevelopment agency may receive under Subsection
(2)(g)(i) shall be:
(A) 100% of that portion of the levied taxes each year in excess of the amount allocated to
and when collected paid into the funds of the respective taxing agencies under Subsection (2)(a); and
(B) paid for a period of the first 32 years commencing from the first tax year a
redevelopment agency accepts an amount allocated to and when collected paid into a special fund
of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
indebtedness, whether funded, refunded, assumed, or otherwise, that are incurred by the
redevelopment agency after April 1, 1983.
(iii) This Subsection (2)(g) applies only to a redevelopment agency in whose project area:
(A) construction has begun on a building, facility, structure, or other improvement of a
publicly or privately-owned convention center or sports complex, including parking and
infrastructure improvements related to such convention center or sports complex, on or before June
30, 1997;
(B) construction has begun on or before June 30, 1998, on an underpass that has not received
funding from the Centennial Highway [
the construction of Interstate 15; or
(C) the installation, construction, or reconstruction of the 10000 South underpass or the
11400 South or 12300 South interchange on I-15 in Salt Lake County has begun on or before June
30, 1998.
(iv) An additional amount described in Subsection (2)(g)(i) may no longer be allocated to
or used by the redevelopment agency, notwithstanding any other law to the contrary, if the additional
amount is not pledged:
(A) to pay all or part of the value of the land for and the cost of the installation and
construction of any building, facility, structure, or other improvement described in Subsection
(2)(g)(i)(A)(I) on or before June 30, 1997;
(B) on or before June 30, 1998, to pay all or part of the cost of the installation and
construction of an underpass that has not received funding from the Centennial Highway [
Fund under Section [
(C) on or before June 30, 1998, to pay all or part of the cost of the installation, construction,
or reconstruction of the 10000 South underpass or the 11400 South or 12300 South interchange on
I-15 in Salt Lake County.
(3) Nothing contained in Subsections (2)(d), (e), (f), and (g) prevents an agency from
receiving a greater percentage than those established in Subsections (2)(f) and (g) of the levied taxes
of any local taxing agency each year in excess of the amount allocated to and when collected paid
into the funds of the respective local taxing agency if the governing body of the local taxing agency
consents in writing.
Section 17. Section 17A-2-1247.5 is amended to read:
17A-2-1247.5. Tax increment financing -- Project area budget approval.
(1) This section applies to projects for which a preliminary plan has been adopted on or after
July 1, 1993.
(2) (a) A taxing agency committee shall be created for each redevelopment or economic
development project. The committee membership shall be selected as follows:
(i) two representatives appointed by the school district in the project area;
(ii) two representatives appointed by resolution of the county commission or county council
for the county in which the project area is located;
(iii) two representatives appointed by resolution of the city or town's legislative body in
which the project area is located if the project is located within a city or town;
(iv) a representative approved by the State School Board; and
(v) one representative who shall represent all of the remaining governing bodies of the other
local taxing agencies that levy taxes upon the property within the proposed project area. The
representative shall be selected by resolution of each of the governing bodies of those taxing
agencies within 30 days after the notice provided in Subsection 17A-2-1256 (3).
(b) If the project is located within a city or town, a quorum of a taxing agency committee
consists of five members. If the project is not located within a city or town, a quorum consists of
four members.
(c) A taxing agency committee formed in accordance with this section has the authority to:
(i) represent all taxing entities in a project area and cast votes that will be binding on the
governing boards of all taxing entities in a project area;
(ii) negotiate with the agency concerning the redevelopment plan;
(iii) approve or disapprove project area budgets under Subsection (3); and
(iv) approve an exception to the limits on the value and size of project areas imposed by
Section 17A-2-1210 , or the time and amount of tax increment financing under this section.
(3) (a)(i) If the project area budget does not allocate 20% of the tax increment for housing
as provided in Subsection 17A-2-1264 (2)(a):
(A) an agency may not collect any tax increment for a project area until after the agency
obtains the majority consent of a quorum of the taxing agency committee for the project area budget;
and
(B) a project area budget adopted under Subsection (3)(a)(i)(A) may be amended if the
agency obtains the majority consent of a quorum of the taxing agency committee.
(ii) If the project area budget allocates 20% of the tax increment for housing as provided in
Subsection 17A-2-1264 (2)(a):
(A) an agency may not collect tax increment from all or part of a project area until after:
(I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
7, Olene Walker Housing Trust Fund, has certified the project area budget as complying with the
requirements of Section 17A-2-1264 ; and
(II) the agency's governing body has approved and adopted the project area budget by a 2/3
vote; and
(B) a project area budget adopted under Subsection (3)(a)(ii)(A) may be amended if:
(I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
7, Olene Walker Housing Trust Fund, certifies the amendment as complying with the requirements
of Section 17A-2-1264 ; and
(II) the agency's governing body approves and adopts the amendment by a [
vote.
(b)Within 30 days after the approval and adoption of a project area budget, each agency shall
file a copy of the budget with the county auditor, the State Tax Commission, the state auditor, and
each property taxing entity affected by the agency's collection of tax increment under the project area
budget.
(c) (i) Beginning on January 1, 1997, before an amendment to a project area budget is
approved, the agency shall advertise and hold one public hearing on the proposed change in the
project area budget.
(ii) The public hearing under Subsection (3)(c)(i) shall be conducted according to the
procedures and requirements of Subsection 17A-2-1222 (2), except that if the amended budget
allocates a greater proportion of tax increment to a project area than was allocated to the project area
under the previous budget, the advertisement shall state the percentage allocated under the previous
budget and the percentage allocated under the amended budget.
(d) If an amendment is not approved, the agency shall continue to operate under the
previously approved, unamended project area budget.
(4) (a) An agency may collect tax increment from all or a part of a project area. The tax
increment shall be paid to the agency in the same manner and at the same time as payments of taxes
to other taxing agencies to pay the principal of and interest on loans, moneys advanced to, or
indebtedness, whether funded, refunded, assumed, or otherwise, to finance or refinance, in whole
or in part, the redevelopment or economic development project and the housing projects and
programs under Sections 17A-2-1263 and 17A-2-1264 .
(b) (i) An agency may elect to be paid:
(A) if 20% of the project area budget is not allocated for housing as provided in Subsection
17A-2-1264 (2)(a):
(I) 100% of annual tax increment for 12 years; or
(II) 75% of annual tax increment for 20 years; or
(B) if 20% of the project area budget is allocated for housing as provided in Subsection
17A-2-1264 (2)(a):
(I) 100% of annual tax increment for 15 years; or
(II) 75% of annual tax increment for 24 years.
(ii) Tax increment paid to an agency under this Subsection (4)(b) shall be paid for the
applicable length of time beginning the first tax year the agency accepts tax increment from a project
area.
(c) An agency may receive a greater percentage of tax increment or receive tax increment
for a longer period of time than that specified in Subsection (4)(b) if the agency obtains the majority
consent of the taxing agency committee.
(5) (a) The redevelopment plan shall provide that the portion of the taxes, if any, due to an
increase in the tax rate by a taxing agency after the date the project area budget is approved by the
taxing agency committee may not be allocated to and when collected paid into a special fund of the
redevelopment agency according to the provisions of Subsection (4) unless the taxing agency
committee approves the inclusion of the increase in the tax rate at the time the project area budget
is approved. If approval of the inclusion of the increase in the tax rate is not obtained, the portion
of the taxes attributable to the increase in the rate shall be distributed by the county to the taxing
agency imposing the tax rate increase in the same manner as other property taxes.
(b) The amount of the tax rate to be used in determining tax increment shall be increased or
decreased by the amount of an increase or decrease as a result of:
(i) a statute enacted by the Legislature, a judicial decision, or an order from the State Tax
Commission to a county to adjust or factor its assessment rate under Subsection 59-2-704 (2);
(ii) a change in exemption provided in Utah Constitution Article XIII, Section 2, or Section
59-2-103 ;
(iii) an increase or decrease in the percentage of fair market value, as defined under Section
59-2-102 ; or
(iv) a decrease in the certified tax rate under Subsection 59-2-924 (2)(c) or (2)(d)(i).
(c) (i) Notwithstanding the increase or decrease resulting from Subsection (5)(b), the amount
of money allocated to, and when collected paid to the agency each year for payment of bonds or other
indebtedness may not be less than would have been allocated to and when collected paid to the
agency each year if there had been no increase or decrease under Subsection (5)(b).
(ii) For a decrease resulting from Subsection (5)(b)(iv), the taxable value for the base year
under Subsection [
be reduced for any year to the extent necessary, including below zero, to provide an agency with
approximately the same amount of money the agency would have received without a reduction in
the county's certified tax rate if:
(A) in that year there is a decrease in the certified tax rate under Subsection 59-2-924 (2)(c)
or (2)(d)(i);
(B) the amount of the decrease is more than 20% of the county's certified tax rate of the
previous year; and
(C) the decrease results in a reduction of the amount to be paid to the agency under Section
17A-2-1247 or 17A-2-1247.5 .
(6) (a) For redevelopment plans first adopted before May 4, 1993, beginning January 1,
1994, all of the taxes levied and collected upon the taxable property in the redevelopment project
under Section 59-2-906.1 which are not pledged to support bond indebtedness and other contractual
obligations are exempt from the provisions of Subsection (4).
(b) For redevelopment plans first adopted after May 3, 1993, beginning January 1, 1994, all
of the taxes levied and collected upon the taxable property in the redevelopment project under
Section 59-2-906.1 are exempt from the provisions of Subsection (4).
Section 18. Section 19-6-409 is amended to read:
19-6-409. Petroleum Storage Tank Trust Fund created -- Source of revenues.
(1) (a) There is created an expendable trust fund entitled the Petroleum Storage Tank Trust
Fund.
(b) The sole sources of revenues for the fund are:
(i) petroleum storage tank fees under Section 19-6-411 ;
(ii) underground storage tank installation company permit fees under Section 19-6-411 ;
(iii) the environmental assurance fee and any penalties, paid under Section 19-6-410.5 ; and
(iv) any interest accrued on these revenues.
(c) Interest earned on fund monies shall be deposited into the fund.
(2) Fund monies may be used to pay:
(a) costs as provided in Section 19-6-419 ; and
(b) for the administration of the fund and the environmental assurance program and fee
under Section 19-6-410.5 .
(3) Costs for the administration of the fund and the environmental assurance fee shall be
appropriated by the Legislature.
(4) The executive secretary may expend monies from the fund for:
(a) legal and claims adjusting costs incurred by the state in connection with claims,
judgments, awards, or settlements for bodily injury or property damage to third parties;
(b) costs incurred by the state risk manager in determining the actuarial soundness of the
fund; and
(c) other costs as provided in this part.
(5) For fiscal year 1997-98, money in the Petroleum Storage Tank Trust Fund, up to a
maximum of $2,200,000, may be appropriated by the Legislature to the department as nonlapsing
funds to be applied to the costs of investigation, abatement, and corrective action regarding releases
not covered by the fund and not on the national priority list as defined in Section 19-6-302 .
(6) The Legislature may appropriate $2,000,000 for fiscal year 1998-99 from the Petroleum
Storage Tank Trust Fund to the Petroleum Storage Tank Cleanup Fund created in Section
19-6-405.7 .
(7) For fiscal year 1998-99, up to $5,000,000 in the Petroleum Storage Tank Fund carried
forward to the Petroleum Storage Tank Trust Fund may be appropriated by the Legislature to the
Centennial Highway [
Section 19. Section 19-6-416 is amended to read:
19-6-416. Restrictions on delivery of petroleum -- Civil penalty.
(1) After July 1, 1991, a person may not deliver petroleum to, place petroleum in, or accept
petroleum for placement in a petroleum storage tank that is not identified in compliance with
Subsection 19-6-411 [
(2) Any person who delivers or accepts delivery of petroleum to a petroleum storage tank
or places petroleum, including waste petroleum substances, in an underground storage tank in
violation of Subsection (1) is subject to a civil penalty of not more than $500 for each occurrence.
(3) The executive secretary shall issue a notice of agency action assessing a civil penalty of
not more than $500 against any person who delivers or accepts delivery of petroleum to a petroleum
storage tank or places petroleum, including waste petroleum substances, in violation of Subsection
(1) in a petroleum storage tank or underground storage tank.
(4) A civil penalty may not be assessed under this section against any person who in good
faith delivers or places petroleum in a petroleum storage tank or underground storage tank that is
identified in compliance with Subsection 19-6-411 [
whether or not the tank is in actual compliance with the other requirements of Section 19-6-411 .
Section 20. Section 19-8-113 is amended to read:
19-8-113. Applicant's release from liability.
(1) (a) An applicant who is not responsible for the contaminant or contamination under the
provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary
cleanup agreement under this chapter, is released by issuance of a certificate of completion under
Section 19-8-111 from all liability to the state for cleanup of property covered by the certificate,
except for any releases or consequences the applicant causes.
(b) Provisions referred to in Subsection (1)(a) are: Title 19, Chapter 5, [
Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter 6, Part
3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage Tank
Act.
(2) There is no release from liability under this chapter if a certificate of completion is
obtained by fraud, misrepresentation, or the knowing failure to disclose material information.
(3) (a) After a certificate of completion is issued under this chapter, an owner who then
acquires property covered by the certificate, or a lender who then makes a loan secured by property
covered by the certificate, is released from all liability to the state regarding property covered by the
certificate for cleanup of contamination released before the date of the certificate, except under
Subsection (3)(b).
(b) A release of liability under Subsection (3)(a) is not available to an owner or lender under
Subsection (3)(a) who:
(i) was originally responsible for a release or contamination under Title 19, Chapter 5, [
6, Part 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage
Tank Act;
(ii) changes the land use from the use specified in the certificate of completion if the changed
use or uses may reasonably be expected to result in increased risks to human health or the
environment; or
(iii) causes further releases on the property covered by the certification.
(c) A release under this Subsection (3) is subject to the limitations of Subsection (2).
Section 21. Section 20A-1-102 is amended to read:
20A-1-102. Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on paper ballots or ballot cards and tabulates the results.
(3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
votes and includes ballot cards, paper ballots, and secrecy envelopes.
(4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain the
names of offices and candidates and statements of ballot propositions to be voted on and which are
used in conjunction with ballot cards.
(6) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
retention questions, opinion questions, and other questions submitted to the voters for their approval
or rejection.
(7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
20A-4-306 to canvass election returns.
[
rejecting the proposed issuance of bonds by a government entity.
[
book that are used by election officers and registration agents to register persons to vote.
(10) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(11) "Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12) "Canvassing judge" means an election judge designated to assist in counting ballots at
the canvass.
(13) "Convention" means the political party convention at which party officers and delegates
are selected.
(14) "Counting center" means one or more locations selected by the election officer in charge
of the election for the automatic counting of ballots.
(15) "Counting judge" means a judge designated to count the ballots during election day.
(16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201 to
witness the counting of ballots.
(17) "Counting room" means a suitable and convenient private place or room, immediately
adjoining the place where the election is being held, for use by the counting judges to count ballots
during election day.
(18) "County executive" means:
(a) the county commission in the traditional form of government established by Section
17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
(b) the county executive in the county executive and chief administrative officer-council
optional form of government authorized by Section 17-35a-501 ;
(c) the county executive in the county executive-council optional form of government
authorized by Section 17-35a-502 ;
(d) the county council in the council-manager optional form of government authorized by
Section 17-35a-503 ; and
(e) the county council in the council-county administrative officer optional form of
government authorized by Section 17-35a-504 .
(19) "County legislative body" means:
(a) the county commission in the traditional form of government established by Section
17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
(b) the county council in the county executive and chief administrative officer-council
optional form of government authorized by Section 17-35a-501 ;
(c) the county council in the county executive-council optional form of government
authorized by Section 17-35a-502 ;
(d) the county council in the council-manager optional form of government authorized by
Section 17-35a-503 ; and
(e) the county council in the council-county administrative officer optional form of
government authorized by Section 17-35a-504 .
(20) "County officers" means those county officers that are required by law to be elected.
(21) "Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary election,
and a special district election.
(22) "Election cycle" means the period beginning on the first day persons are eligible to file
declarations of candidacy and ending when the canvass is completed.
(23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
(24) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots;
(b) the county clerk or clerks for all county ballots and for certain special district and school
district ballots as provided in Section 20A-5-400.5 ;
(c) the municipal clerk for all municipal ballots and for certain special district and school
district ballots as provided in Section 20A-5-400.5 ; and
(d) the special district clerk or chief executive officer for all special district ballots that are
not part of a statewide, county, or municipal ballot.
(25) "Election official" means any election officer, election judge, or satellite registrar.
(26) "Election returns" includes the pollbook, all affidavits of registration, the military and
overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
ballot disposition form, and the total votes cast form.
(27) "Electronic voting system" means a system in which a voting device is used in
conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
tabulating equipment.
(28) "Inactive voter" means a registered voter who has been sent the notice required by
Section 20A-2-306 and who has failed to respond to that notice.
(29) "Inspecting poll watcher" means a person selected as provided in this title to witness
the receipt and safe deposit of voted and counted ballots.
(30) "Judicial office" means the office filled by any judicial officer.
(31) "Judicial officer" means any justice or judge of a court of record or any county court
judge.
(32) "Local election" means a regular municipal election, a local special election, a special
district election, and a bond election.
(33) "Local political subdivision" means a county, a municipality, a special district, or a local
school district.
(34) "Local special election" means a special election called by the governing body of a local
political subdivision in which all registered voters of the local political subdivision may vote.
(35) "Municipal executive" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the mayor in the council-mayor optional form of government defined in Section
10-3-1209 ; and
(c) the manager in the council-manager optional form of government defined in Section
10-3-1209 .
(36) "Municipal general election" means the election held in municipalities and special
districts on the first Tuesday after the first Monday in November of each odd-numbered year for the
purposes established in Section 20A-1-202 .
(37) "Municipal legislative body" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the municipal council in the council-mayor optional form of government defined in
Section 10-3-1209 ; and
(c) the municipal council in the council-manager optional form of government defined in
Section 10-3-1209 .
(38) "Municipal officers" means those municipal officers that are required by law to be
elected.
(39) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(40) "Official ballot" means the ballots distributed by the election officer to the election
judges to be given to voters to record their votes.
(41) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the election judge's initials; and
(ii) the ballot number.
(42) "Official register" means the book furnished election officials by the election officer
that contains the information required by Section 20A-5-401 .
(43) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be voted on;
and
(b) spaces for the voter to record his vote for each office and for or against each ballot
proposition.
(44) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
Formation and Procedures.
(45) "Polling place" means the building where residents of a voting precinct vote.
(46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks his choice.
(47) "Posting list" means a list of registered voters within a voting precinct.
(48) "Primary convention" means the political party conventions at which nominees for the
regular primary election are selected.
(49) "Protective counter" means a separate counter, which cannot be reset, that is built into
a voting machine and records the total number of movements of the operating lever.
(50) "Qualify" or "qualified" means to take the oath of office and begin performing the duties
of the position for which the person was elected.
(51) "Receiving judge" means the election judge that checks the voter's name in the official
register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
has voted.
(52) "Registration days" means the days designated in Section 20A-2-203 when a voter may
register to vote with a satellite registrar.
(53) "Registration form" means a book voter registration form and a by-mail voter
registration form.
(54) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 20A-1-201 .
(55) "Regular primary election" means the election on the fourth Tuesday of June of each
even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
nomination.
(56) "Resident" means a person who resides within a specific voting precinct in Utah.
(57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
distributed as provided in Section 20A-5-405 .
(58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
voters and perform other duties.
(59) "Scratch vote" means to mark or punch the straight party ticket and then mark or punch
the ballot for one or more candidates who are members of different political parties.
(60) "Secrecy envelope" means the envelope given to a voter along with the ballot into which
the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's vote.
[
authority of Title 17A.
[
(63) "Special district officers" means those special district officers that are required by law
to be elected.
(64) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or the election judge; or
(c) lacks the official endorsement.
(65) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(66) "Stub" means the detachable part of each ballot.
(67) "Substitute ballots" means replacement ballots provided by an election officer to the
election judges when the official ballots are lost or stolen.
(68) "Ticket" means each list of candidates for each political party or for each group of
petitioners.
(69) "Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(70) "Vacancy" means the absence of a person to serve in any position created by statute,
whether that absence occurs because of death, disability, disqualification, resignation, or other cause.
(71) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(72) "Voter" means a person who meets the requirements of election registration and is
registered and is listed in the official register book.
(73) "Voting area" means the area within six feet of the voting booths, voting machines, and
ballot box.
(74) "Voting booth" means the space or compartment within a polling place that is provided
for the preparation of ballots and includes the voting machine enclosure or curtain.
(75) "Voting device" means:
(a) an apparatus in which ballot cards are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance; or
(c) any other method for recording votes on ballots so that the ballot may be tabulated by
means of automatic tabulating equipment.
(76) "Voting machine" means a machine designed for the sole purpose of recording and
tabulating votes cast by voters at an election.
(77) "Voting poll watcher" means a person appointed as provided in this title to witness the
distribution of ballots and the voting process.
(78) "Voting precinct" means the smallest voting unit established as provided by law within
which qualified voters vote at one polling place.
(79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting poll
watcher.
(80) "Write-in ballot" means a ballot containing any write-in votes.
(81) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
according to the procedures established in this title.
Section 22. Section 20A-4-106 is amended to read:
20A-4-106. Paper ballots -- Sealing.
(1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
(ii) After the ballots are strung, they may not be examined by anyone, except when examined
during a recount conducted under the authority of Section 20A-4-401 .
(b) The judges shall carefully seal all of the strung ballots in a strong envelope.
(2) (a) For regular primary elections, after all the ballots have been counted, certified to, and
strung by the judges, they shall seal the ballots cast for each of the parties in separate envelopes.
(b) The judges shall:
(i) seal each of the envelopes containing the votes of each of the political parties in one large
envelope; and
(ii) return that envelope to the county clerk.
(c) The judges shall:
(i) destroy the ballots in the blank ballot box; or
(ii) if directed to do so by the election officer, return them to the election officer for
destruction.
(3) As soon as the judges have counted all the votes and sealed the ballots they shall sign and
certify the pollbooks.
(4) (a) [
(i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
registration received by them, the ballot disposition form, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots in
a strong envelope or pouch;
(ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been strung
and placed in a separate envelope or pouch as required by Subsection (1);
(iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
disposition form in a separate envelope or pouch; and
(iv) place the total votes cast form and the judges' vouchers requesting compensation for
services rendered in a separate pouch.
(b) Before enclosing the official register in the envelope or pouch, the election judges shall
certify it substantially as follows:
"We, the undersigned, judges of election for precinct _______, (jurisdiction) _______, Utah,
certify that the required entries have been made for the election held _______, 19__, including:
a list of the ballot numbers for each voter;
the voters' signatures, except where a judge has signed for the absentee voters;
a list of information surrounding a voter who is challenged,
including any affidavits; and
a notation for each time a voter was assisted with a ballot."
(5) Each judge shall:
(a) write his name across the seal of each envelope or pouch;
(b) mark on the exterior of the envelope or pouch:
(i) the word "ballots" or "returns" or "unused ballots," or other words plainly indicating the
contents of the packages; and
(ii) the number of the voting precinct.
Section 23. Section 20A-7-209 is amended to read:
20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) By July 6 before the regular general election, the lieutenant governor shall deliver a copy
of all of the proposed laws that have qualified for the ballot to the Office of Legislative Research and
General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) prepare a ballot title for each initiative; and
(ii) return each petition and ballot title to the lieutenant governor by July 20.
(b) The ballot title may be distinct from the title of the proposed law attached to the initiative
petition, and shall express, in not more than 100 words, the purpose of the measure.
(c) The ballot title and the number of the measure as determined by the Office of Legislative
Research and General Counsel shall be printed on the official ballot.
(d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
to the best of its ability, give a true and impartial statement of the purpose of the measure.
(e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
against the measure.
(3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor of
the petition.
(4) (a) If the ballot title furnished by the Office of Legislative Research and General Counsel
is unsatisfactory or does not comply with the requirements of this section, at least three of the
sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by [
Office of Legislative Research and General Counsel to the Supreme Court.
(b) The Supreme Court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) by August 10, certify to the lieutenant governor a ballot title for the measure that fulfills
the intent of this section.
(c) By September 1, the lieutenant governor shall certify the title verified to him by the
supreme court to the county clerks to be printed on the official ballot.
Section 24. Section 20A-11-1201 is amended to read:
20A-11-1201. Title.
This [
Section 25. Section 20A-14-201 is amended to read:
20A-14-201. Boards of education -- School board districts -- Creation --
Reapportionment.
(1) (a) The county legislative body, for local school districts whose boundaries encompass
more than a single municipality, and the municipal legislative body, for school districts contained
completely within a municipality, shall divide the local school district into local school board
districts as required under Subsection 20A-14-202 (1)(a).
(b) The county and municipal legislative bodies shall divide the school district so that the
local school board districts are substantially equal in population and are as contiguous and compact
as practicable.
(2) (a) County and municipal legislative bodies shall reapportion district boundaries to meet
the population, compactness, and contiguity requirements of this section:
(i) at least once every ten years;
(ii) whenever a new district is created;
(iii) whenever districts are consolidated;
(iv) whenever a district loses more than 20% of the population of the entire school district
to another district;
(v) whenever a district loses more than 50% of the population of a local school board district
to another district; and
(vi) whenever a district receives new residents equal to at least 20% of the population of the
district at the time of the last reapportionment because of a transfer of territory from another district.
(b) If a school district receives territory containing less than 20% of the population of the
transferee district at the time of the last reapportionment, the local school board may assign the new
territory to one or more existing school board districts.
(3) (a) Reapportionment does not affect the right of any school board member to complete
the term for which the member was elected.
(b) (i) After reapportionment, representation in a local school board district shall be
determined as provided in Subsection (3).
(ii) If only one board member whose term extends beyond reapportionment lives within a
reapportioned local school board district, that board member shall represent that local school board
district.
(iii) (A) If two or more members whose terms extend beyond reapportionment live within
a reapportioned local school board district, the members involved shall select one member by lot to
represent the local school board district.
(B) The other members shall serve at-large for the remainder of their terms.
(C) The at-large board members shall serve in addition to the designated number of board
members for the board in question for the remainder of their terms.
(iv) If there is no board member living within a local school board district whose term
extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in this part.
(4) (a) If, before an election affected by reapportionment, the county or municipal legislative
body that conducted the reapportionment determines that one or more members must be elected to
terms of two years to meet this part's requirements for staggered terms, the legislative body shall
determine by lot which of the reapportioned local school board districts will elect members to
two-year terms and which will elect members to four-year terms.
(b) All subsequent elections are for four-year terms.
Section 26. Section 26-6b-3 is amended to read:
26-6b-3. Temporary involuntary treatment, isolation, and quarantine.
(1) The department, or the local health department having jurisdiction over the location
where an individual who is subject to supervision is found, may issue an order for the individual's
temporary involuntary treatment, quarantine, or isolation pursuant to Subsection 26-1-30 (2),
26A-1-114 (1)(b), or Section 26-6-4 upon compliance with the requirements of this section.
(2) An individual who is subject to supervision who willfully fails to voluntarily submit to
treatment, quarantine, or isolation as requested by the department or the local health department may
be ordered to submit to treatment, quarantine, or isolation upon:
(a) written affidavit of the department or the local health department stating:
(i) a belief that the individual who is subject to supervision is likely to fail to submit to
treatment, quarantine, or isolation if not immediately restrained;
(ii) this failure would pose a threat to the public health; and
(iii) the personal knowledge of the individual's condition or the circumstances that lead to
that belief; and
(b) a written statement by a licensed physician indicating the physician finds the individual
is subject to supervision.
(3) A temporary order issued under Subsection (1) may:
(a) be made by the department or by the local health department;
(b) order the individual to submit to reasonable involuntary treatment, quarantine, and
isolation, or any of these; and
(c) not require an individual to be subject to involuntarily quarantine, isolation, or treatment
for more than five days, excluding Saturdays, Sundays, and legal holidays, unless a petition has been
filed with the district court pursuant to Section [
(4) (a) Pending issuance of an examination order pursuant to Section 26-6b-5 or an order for
involuntary quarantine, isolation, or treatment from a district court pursuant to Section 26-6b-6 , the
individual who is the subject of the temporary order may be required to submit to involuntary
quarantine, isolation, or treatment in his home, a hospital, or any other suitable facility under
reasonable conditions prescribed by the department or the local health department.
(b) The department or the local health department, whichever initially ordered the
quarantine, isolation, or treatment, shall take reasonable measures, including the provision of
medical care, as may be necessary to assure proper care related to the reason for the involuntary
treatment, isolation, or quarantine of an individual ordered to submit to involuntary treatment,
isolation, or quarantine.
(5) The individual who is subject to supervision shall be served a copy of the temporary
order, together with the affidavit and the physician's written statement, upon being taken into
custody. A copy shall also be maintained at the place of quarantine, isolation, or treatment.
Section 27. Section 26-6b-6 is amended to read:
26-6b-6. Court determination for involuntary supervision after examination period.
(1) The district court shall set a hearing regarding the involuntary quarantine, isolation, and
treatment of an individual, to be held within ten business days of the issuance of its examination
order issued pursuant to Section 26-6b-5 , unless the petitioner informs the district court prior to this
hearing that the individual:
(a) is not subject to supervision;
(b) has stipulated to the issuance of an order for involuntary quarantine, isolation, or
treatment; or
(c) has agreed that quarantine, isolation, or treatment are available and acceptable without
court proceedings.
(2) (a) If the individual is not subject to supervision, or if quarantine, isolation, or treatment
are available and acceptable to the individual without court proceedings, the court may, without
taking any further action, terminate the proceedings and dismiss the petition.
(b) If the individual has stipulated to the issuance of an order for involuntary quarantine,
isolation, or treatment, the court may issue an order as provided in Subsection [
further hearing.
(3) (a) If the examination report required in Section 26-6b-5 proves the individual is not
subject to supervision, the court may without further hearing terminate the proceedings and dismiss
the petition.
(b) The court may, after a hearing at which the individual is present in person or by
telephonic means and has had the opportunity to be represented by counsel, extend its examination
order for a reasonable period, not to exceed 90 days, if the petitioner has reason to believe the
individual:
(i) is contaminated with a chemical or biological agent that is a threat to the public health;
or
(ii) is in a condition, the exposure to which poses a serious public health hazard, but despite
the exercise of reasonable diligence the diagnostic studies have not been completed.
(4) The petitioner shall, at the time of the hearing, provide the district court with the
following items, to the extent that they have been issued or are otherwise available:
(a) the temporary order issued by the petitioner;
(b) admission notes if the individual was hospitalized; and
(c) medical records pertaining to the current involuntary treatment, quarantine, or isolation.
(5) The information provided to the court under Subsection (4) shall also be provided to the
individual's counsel at the time of the hearing, and at any time prior to the hearing upon request of
counsel.
(6) (a) The district court shall order the individual to submit to involuntary treatment,
quarantine, or isolation if, upon completion of the hearing and consideration of the record, it finds
by clear and convincing evidence that:
(i) the individual is infected with a communicable disease, is contaminated with a chemical
or biological agent, is in a condition, the exposure to which poses a serious public health hazard, or
is in a condition which if treatment is not completed the individual will soon pose a serious public
health hazard;
(ii) there is no appropriate and less restrictive alternative to a court order of quarantine,
isolation, and treatment, or any of them;
(iii) the petitioner can provide the individual with treatment that is adequate and appropriate
to his conditions and needs; and
(iv) it is in the public interest to order the individual to submit to involuntary quarantine,
isolation, and treatment, or any of them.
(b) If upon completion of the hearing the court does not find all of the conditions listed in
Subsection (6)(a) exist, the court shall immediately dismiss the petition.
(7) The order of involuntary treatment, quarantine, or isolation shall designate the period,
subject to Subsection (8), for which the individual shall be treated, isolated, or quarantined.
(8) (a) The order of involuntary quarantine, isolation, or treatment may not exceed six
months without benefit of a district court review hearing.
(b) The district court review hearing shall be held prior to the expiration of the order issued
under Subsection (7). At the review hearing the court may order involuntary quarantine, isolation,
or treatment for up to an indeterminate period, if the district court enters a written finding in the
record determining by clear and convincing evidence that the required conditions in Subsection (6)
will continue for an indeterminate period.
Section 28. Section 26-9-202 is amended to read:
26-9-202. Definitions.
As used in this part:
(1) "Applicant" means a person who meets the application requirements established by the
committee for a grant or a scholarship under this part.
(2) "Committee" means the Rural Medical Financial Assistance Committee created by
Section 26-1-7 .
(3) "Educational expenses" are tuition, fees, books, supplies, educational equipment and
material, and reasonable living expenses.
(4) "Medically underserved rural area" means a county, city, town, or other service area with
a population of less than 99 people per square mile and designated by the committee as underserved
by physicians or physician assistants.
(5) "Physician" means a person who:
(a) has completed training at an educational institution that provides training leading to the
award of a Medical Doctor or Doctor of Osteopathy degree and who has completed a post-graduate
training program in medicine at an institution accredited by the Accreditation Committee on
Graduate Medical Education, the American Osteopathic Association Bureau of Professional
Education, or the Royal College of Physicians and Surgeons of Canada; and
(b) is licensed to practice in the state under Title 58, Chapter [
Osteopathic [
Utah Medical Practice Act.
(6) "Physician assistant" means a person who is graduated from a physician assistant
program approved by the Committee on Allied Health Education and Accreditation of the American
Medical Association and who is licensed to practice in the state under Title 58, Chapter [
70a, Physician Assistant [
(7) "Recipient" means an applicant selected to receive a grant or a scholarship under this
part.
Section 29. Section 26-9d-1 is amended to read:
26-9d-1. Definitions.
As used in this chapter:
(1) "Applicant" means a person who meets the application requirements established by the
committee for a grant or a scholarship.
(2) "Committee" means the Nurse Financial Assistance Committee created by Section
26-1-7 .
(3) "Educational expenses" means the cost of nursing education, including tuition, fees,
books, supplies, educational equipment and materials, and reasonable living expenses.
(4) "Educational loan" means a commercial, government, or government guaranteed loan
taken to pay educational expenses.
(5) "Graduate nursing education" means nursing education at a school of nursing that leads
to a masters or doctorate degree in nursing or that leads to certification as a registered nurse
anesthetist.
(6) "Graduate-prepared nurse" means a nurse who has a masters or doctorate degree in
nursing.
(7) "Needed nursing specialty area" means an area of the nursing profession where there may
be a shortage of qualified nurses, including nurses holding graduate degrees, nurse educators, and
other specific areas as determined by the committee pursuant to this chapter.
(8) "Nurse" means a person licensed to practice nursing in the state under Title 58, Chapter
[
(9) "Nursing education" means a course of study designed to prepare persons for the practice
of nursing as a licensed practical nurse, registered nurse, or a nurse licensed in a special category of
practice under Title 58, Chapter [
(10) "Nursing shortage area" means a geographic area deficient in nurses that meets the
criteria established by the committee pursuant to this chapter.
(11) "Recipient" means an applicant selected to receive a grant or a scholarship under this
chapter.
(12) "School of nursing" means an educational institution that provides a program of nursing
education:
(a) approved by Utah or the state where the school of nursing is located; or
(b) accredited by the National League of Nursing.
(13) "Statewide Deans and Directors Committee" means a committee created by deans and
directors representing schools of nursing from throughout the state.
Section 30. Section 26-9d-5 is amended to read:
26-9d-5. Loan repayment grants -- Terms and amounts -- Service.
(1) (a) To increase the number of nurses practicing in nursing shortage areas of the state, the
department may provide grants to persons in exchange for their agreement to practice nursing for a
specified period of time in nursing shortage areas in the state.
(b) Grants may be given only to repay loans taken by a nurse for educational expenses
incurred while attending a school of nursing.
(2) Grants given to nurses under this section may not:
(a) be used to satisfy other service obligations owed by the nurse under any similar program
and may not be used to repay a loan that is in default at the time of application; or
(b) be in an amount greater than the total outstanding balance on the loans taken for
educational expenses, including accrued interest.
(3) Grants may be given to any of the following categories of nurses:
(a) registered nurses;
(b) graduate-prepared nurses;
(c) nurses licensed in a special category of practice under Title 58, Chapter [
(d) licensed practical nurses.
(4) If there are sufficient qualified applicants who desire to practice in nursing shortage areas
in rural areas of the state, at least 20% of the grant money shall be given to recipients who agree to
practice in a rural nursing shortage area.
(5) The department may not disburse any grant funds under this chapter until the recipient
has performed at least six months of full-time service at the designated nursing shortage area.
Section 31. Section 26-21-3 is amended to read:
26-21-3. Health Facility Committee -- Members -- Terms -- Organization -- Meetings.
(1) The Health Facility Committee created by Section 26-1-7 consists of 13 members
appointed by the governor with the consent of the senate. No more than seven members may be
from the same political party. The appointed members shall be knowledgeable about health care
facilities and issues. The membership of the committee is:
(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67, Utah
Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is a
graduate of a regularly chartered medical school;
(b) one hospital administrator;
(c) one hospital trustee;
(d) one representative of the nursing care facility industry;
(e) one registered nurse, licensed to practice under Title 58, Chapter [
Act;
(f) one professional in the field of mental retardation not affiliated with a nursing care
facility;
(g) one licensed architect or engineer with expertise in health care facilities;
(h) two representatives of health care facilities, other than nursing care facilities or hospitals,
licensed under this chapter; and
(i) four consumers, one of whom has an interest in or expertise in geriatric care.
(2) (a) Except as required by Subsection (b), members shall be appointed for a term of four
years.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, giving consideration to recommendations made
by the committee, with the consent of the Senate.
(d) A member may not serve more than two consecutive full terms or ten consecutive years,
whichever is less. However, a member may continue to serve as a member until he is replaced.
(e) The committee shall annually elect from its membership a chair and vice chair.
(f) The committee shall meet at least quarterly, or more frequently as determined by the chair
or five members of the committee.
(g) Seven members constitute a quorum. A vote of the majority of the members present
constitutes action of the committee.
Section 32. Section 26-28-2 is amended to read:
26-28-2. Definitions.
As used in this chapter:
(1) "Anatomical gift" means the giving of permission for a person authorized in this chapter
to remove parts of the human body as limited in the document of gift after death of the human body
and use them for the purposes listed in Subsection 26-28-3 (1).
(2) "Decedent" means a deceased individual and includes a stillborn infant or fetus.
(3) "Document of gift" means a card, a will, or other writing used to make an anatomical gift
in compliance with this chapter.
(4) "Donor" means an individual who, prior to his death, executes a document of gift
concerning all or part of his own body.
(5) "Evidence of a document of gift" means a statement attached to or imprinted on any
license to operate a motor vehicle or any other writing expressing a desire to make an anatomical gift
or giving evidence of the existence of a document of gift.
(6) "Hospital" means a general acute hospital facility licensed in accordance with Title 26,
Chapter 21, Health Care Facility [
government.
(7) "Part" means an organ, tissue, eye, bone, blood vessel, blood, fluid, or other portion of
a human body.
(8) "Physician" means a person licensed to practice medicine under Title 58, Chapter [
[
(9) "Procurement entity" means:
(a) an organization recognized by the United States Department of Health and Human
Services as meeting the requirements of 42 U.S.C. Section 273; or
(b) a hospital, medical school, physician, eye bank, or tissue bank.
(10) "Technician" means a person certified by the American Association of Tissue Banks
as a certified tissue bank specialist.
Section 33. Section 26-32a-103.5 is amended to read:
26-32a-103.5. Restrictions on landfilling of tires -- Penalties.
(1) (a) After January 1, 1994, an individual, including a waste tire transporter, may not
dispose of more than four whole tires at one time in a landfill or any other location in the state
authorized by the executive secretary to receive waste tires, except for purposes authorized by board
rule. Rules implementing this provision shall be made on or before January 1, 1994.
(b) Tires are exempt from this subsection if the original tire:
(i) is from any device moved exclusively by human power; or
(ii) has a rim diameter greater than 24.5 inches.
(2) When possible, the operator of the landfill or other authorized location shall direct that
the waste tires be disposed in a designated area to facilitate retrieval if a market becomes available
for the disposed waste tires or material derived from waste tires.
(3) An individual, including a waste tire transporter, may dispose of shredded waste tires in
a landfill in accordance with Section 26-32a-107.8 , and may also, without reimbursement, dispose
in a landfill materials derived from waste tires that do not qualify for reimbursement under Section
26-32a-107.8 , but the landfill shall dispose of the material in accordance with Section [
26-32a-107.8 .
(4) (a) An individual, including a waste tire transporter, violating this section is subject to
enforcement proceedings and a civil penalty of not more than $100 per waste tire or per amount of
materials equivalent to one tire disposed of in violation of this section. A warning notice may be
issued prior to taking further enforcement action under this subsection.
(b) A civil proceeding to enforce this section and collect penalties under this section may
be brought in the district court where the violation occurred by the board, the local health
department, or the county attorney having jurisdiction over the location where the tires were disposed
in violation of this section.
(c) Penalties collected under this section shall be deposited in the trust fund.
Section 34. Section 26-32a-107 is amended to read:
26-32a-107. Partial reimbursement.
(1) (a) Any recycler who on or after the effective date of this act uses waste tires or materials
derived from waste tires that meet requirements of Subsection (4) and used exclusively for energy
recovery or creation of ultimate products may submit an application under Section 26-32a-108 to the
local health department having jurisdiction over the applicant's business address for partial
reimbursement of the cost of transporting and processing.
(b) A recycler who recycles, at an out-of-state location, tires that are generated within the
state shall apply to the executive secretary for partial reimbursement, rather than to a local health
department.
(c) A recycler who qualifies under this section for partial reimbursement may waive the
reimbursement and request in writing that the reimbursement be paid to a person who processes the
waste tires prior to the recycler's receipt of the waste tires or his receipt of materials derived from
the waste tires for recycling.
(2) Subject to the limitations in Section 26-32a-111 , a recycler is entitled to $70 as partial
reimbursement for each ton of tires recycled on and after the effective date of this act.
(3) (a) In order for a recycler within the state to be eligible for partial reimbursement, the
recycler shall establish in cooperation with tire retailers or transporters, or with both, a reasonable
schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste
tires located in any municipality within the state as defined in Section 10-1-104 .
(b) A recycler complying with Subsection (3)(a) may also receive partial reimbursement for
recycling tires received from locations other than those associated with retail tire businesses,
including waste tires from waste tire piles and abandoned waste tire piles, under Section
26-32a-107.5 .
(4) A recycler under Subsection (1) shall also demonstrate the waste tires or materials
derived from waste tires that qualify for the reimbursement:
(a) (i) were removed and transported by a registered tire transporter, a registered recycler,
or a person under Subsection 26-32a-103 [
(ii) were generated by a private person who is not a waste tire transporter as defined in
Section 26-32a-103 , and that person brings the waste tires to the recycler; and
(b) were generated in the state; and
(c) if the tires are from a waste tire pile or abandoned waste tire pile, the recycler complies
with the applicable provisions of Section 26-32a-107.5 .
Section 35. Section 26-33a-103 is amended to read:
26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
(1) The Health Data Committee created by Section 26-1-7 shall be composed of 13 members
appointed by the governor and confirmed by the Senate.
(2) No more than seven members of the committee may be members of the same political
party.
(3) The appointed members of the committee shall be knowledgeable regarding the health
care system and the characteristics and use of health data and shall be selected so that the committee
at all times includes individuals who provide care.
(4) The membership of the committee shall be:
(a) one person employed by or otherwise associated with a hospital as defined by Section
26-21-2 ;
(b) one physician, as defined in Section 58-67-102 , licensed to practice in this state, who
spends the majority of his time in the practice of medicine in this state;
(c) one registered nurse licensed to practice in this state under Title 58, Chapter [
Nurse Practice Act;
(d) three persons employed by or otherwise associated with a business that supplies health
care insurance to its employees, at least one of whom represents an employer employing 50 or fewer
employees;
(e) one person employed by or associated with a third-party payor that is not licensed under
Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(f) two consumer representatives from organized consumer or employee associations;
(g) one person broadly representative of the public interest;
(h) one person employed by or associated with an organization that is licensed under Title
31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
(i) two people representing public health.
(5) (a) Except as required by Subsection (b), as terms of current committee members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(c) Members may serve after their terms expire until replaced.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) Committee members shall annually elect a chair of the committee from among their
membership.
(8) The committee shall meet at least once during each calendar quarter. Meeting dates shall
be set by the chair upon ten working days notice to the other members, or upon written request by
at least four committee members with at least ten working days notice to other committee members.
(9) Seven committee members constitute a quorum for the transaction of business. Action
may not be taken except upon the affirmative vote of a majority of a quorum of the committee.
(10) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(11) All meetings of the committee shall be open to the public, except that the committee
may hold a closed meeting if the requirements of Sections 52-4-4 and 52-4-5 are met.
Section 36. Section 26-40-103 is amended to read:
26-40-103. Creation and administration of the Utah Children's Health Insurance
Program.
(1) There is created the Utah Children's Health Insurance Program to be administered by the
department in accordance with the provisions of:
(a) this chapter; and
(b) the State Children's Health Insurance Program, 42 U.S.C. Sec. [
(2) The department shall:
(a) prepare and submit the state's children's health insurance plan before May 1, 1998, and
any amendments to the federal Department of Health and Human Services in accordance with 42
U.S.C. Sec.1397ff; and
(b) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act regarding:
(i) eligibility requirements;
(ii) program benefits;
(iii) the level of coverage for each program benefit;
(iv) cost-sharing requirements for enrollees, which may not:
(A) exceed the guidelines set forth in 42 U.S.C. Sec. 1397ee; or
(B) impose deductible, copayment, or coinsurance requirements on an enrollee for
well-child, well-baby, and immunizations;
(v) the administration of the program; and
(vi) the provider assessment, including:
(A) the factor for the assessment;
(B) the administration, collection, and enforcement of the assessment, including:
(I) auditing a provider's records; and
(II) imposing penalties for failure to pay the assessment as required; and
(C) reducing the amount of the assessment to the extent funds are deposited into the Hospital
Provider Assessment Account created in Section 26-40-112 as a result of private contributions to the
program.
(3) Before July 1, 2001, the Governor's Office of Planning and Budget shall study the
effectiveness of the department's administration of the program and report any findings to:
(a) the Health and Human Services Interim Committee of the Legislature;
(b) the Health Policy Commission; and
(c) the department.
Section 37. Section 31A-2-104 is amended to read:
31A-2-104. Other employees -- Insurance fraud investigators.
(1) The department shall employ a chief examiner and such other professional, technical,
and clerical employees as necessary to carry out the duties of the department.
(2) An insurance fraud investigator employed pursuant to Subsection (1) may be designated
a special function officer, as defined in Section [
eligible for retirement benefits under the Public Safety Employee's Retirement System.
Section 38. Section 35A-1-102 is amended to read:
35A-1-102. Definitions.
Unless otherwise specified, as used in this title:
(1) "Client" means an individual who the department has determined to be eligible for
services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(2) "Consortium of counties" means an organization of the counties within a regional
workforce services area designated under Section 35A-2-101 :
(a) in which all of the county commissions jointly comply with this title in working with the
executive director of the department regarding regional workforce services areas; and
(b) (i) that existed as of July 1, 1997; or
(ii) that is created on or after July 1, 1997, with the approval of the executive director.
(3) "Department" means the Department of Workforce Services created in Section
35A-1-103 .
[
under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
[
services provided by a regional workforce services area under Section 35A-2-201 may be accessed
by a client.
[
employment plan and coordinating the services and benefits under this title in accordance with
Chapter 2, Regional Workforce Services Areas.
(7) "Employment plan" means a written agreement between the department and a client that
describes:
(a) the relationship between the department and the client;
(b) the obligations of the department and the client; and
(c) the result if an obligation is not fulfilled by the department or the client.
(8) "Executive director" means the executive director of the department appointed under
Section 35A-1-201 .
(9) "Public assistance" means:
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
(c) foster care maintenance payments provided with the General Fund or under Title IV-E
of the Social Security Act;
(d) food stamps; and
(e) any other public funds expended for the benefit of a person in need of financial, medical,
food, housing, or related assistance.
(10) "Regional workforce services area" means a regional workforce services area
established in accordance with Chapter 2, Regional Workforce Services Areas.
(11) "Stabilization" means addressing the basic living, family care, and social or
psychological needs of the client so that the client may take advantage of training or employment
opportunities provided under this title or through other agencies or institutions.
Section 39. Section 35A-2-202 is amended to read:
35A-2-202. Single employment counselor -- Specialization -- Employment plan.
(1) At each employment center of a regional workforce services area established under
Section 35A-2-101 there shall be employed one or more employment [
(2) A client shall be assigned one employment counselor unless a client:
(a) needs only limited services under this title for which expedited procedures are
appropriate; or
(b) receives diversion assistance under Section 35A-3-303 .
(3) An employment counselor shall:
(a) develop an employment plan jointly with the client; and
(b) coordinate any services provided, brokered, or contracted for by the department to that
client.
(4) The employment counselor assigned to a client may be selected because of the
employment counselor's experience or knowledge in the benefits or services available under the title
that best meet the specific needs of the client and the employment counselor's skills in working with
groups of clients to develop plans leading to self-sufficiency.
(5) (a) An employment counselor shall be:
(i) trained in the requirements of and benefits or services provided through employment
centers in at least one of the following:
(A) Chapter 3, Employment Support Act; and
(B) Chapter 5, Training and Workforce Improvement Act;
(ii) capable of:
(A) conducting an effective assessment;
(B) negotiating an employment plan; and
(C) providing the necessary encouragement and support to a client; and
(iii) knowledgeable of:
(A) department policies;
(B) relevant law;
(C) current labor market conditions;
(D) education and training programs for adults; and
(E) services and supports available in the community.
(b) At the discretion of the director of a regional workforce services area, an employment
counselor may receive special training in the requirements of or providing services under the statutes
listed in Subsection (5)(a)(i).
(6) (a) A client employment plan may include:
(i) services and support necessary for stabilization;
(ii) assessment and training; and
(iii) placement.
(b) The client employment plan shall consider the job opportunities available to the client
based on the job market.
(c) The client employment plan shall be outcome-focused.
(7) If a client seeks cash assistance under Chapter 3, Employment Support Act, the
assignment of an employment counselor and the creation and implementation of an employment plan
shall be consistent with Section 35A-3-304 .
Section 40. Section 35A-3-508 is amended to read:
35A-3-508. Inventory of civic organizations.
(1) To enable the division to refer a client or applicant to an appropriate civic organization
under this part, the division, in cooperation with the coalition described in Section [
35A-3-510 , shall complete a statewide inventory of civic organizations. For those organizations that
wish to participate, the inventory shall include:
(a) a description of the services and supports provided;
(b) the geographical locations served;
(c) methods of accessing services; and
(d) eligibility for services.
(2) The inventory shall be stored, updated annually, and made available in a usable form as
a resource directory for all employment counselors.
Section 41. Section 35A-4-205 is amended to read:
35A-4-205. Exempt employment.
(1) If the services are also exempted under the Federal Unemployment Tax Act, as amended,
employment does not include:
(a) service performed prior to January 1, 1973, in the employ of a state, except as provided
in Subsection 35A-4-204 (2)(d);
(b) service performed in the employ of a political subdivision of a state, except as provided
in Subsection 35A-4-204 (2)(d);
(c) service performed in the employ of the United States Government or an instrumentality
of the United States immune under the United States Constitution from the contributions imposed
by this chapter, except that, to the extent that the Congress of the United States shall permit, this
chapter shall apply to those instrumentalities and to services performed for the instrumentalities to
the same extent as to all other employers, employing units, individuals and services; provided, that
if this state is not certified for any year by the Secretary of Labor under Section 3304 of the Federal
Internal Revenue Code of 1954, 26 U.S.C. 3304, the payments required of the instrumentalities with
respect to that year shall be refunded by the division from the fund in the same manner and within
the same period as is provided in Subsection 35A-4-306 (5) with respect to contributions erroneously
collected;
(d) service performed after June 30, 1939, as an employee representative as defined in the
Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq., and service performed after June 30,
1939, for an employer as defined in that act except that if the division determines that any employing
unit which is principally engaged in activities not included in those definitions constitutes such an
employer only to the extent of an identifiable and separable portion of its activities, this exemption
applies only to services performed for the identifiable and separable portion of its activities;
(e) agricultural labor as defined in Section 35A-4-206 ;
(f) domestic service in a private home, local college club, or local chapter of a college
fraternity or sorority, except as provided in Subsection 35A-4-204 (2)(k);
(g) (i) service performed in the employ of a school, college, or university, if the service is
performed:
(A) by a student who is enrolled and is regularly attending classes at that school, college, or
university; or
(B) by the spouse of the student, if the spouse is advised, at the time the spouse commences
to perform that service, that the employment of that spouse to perform that service is provided under
a program to provide financial assistance to the student by the school, college, or university, and that
the employment will not be covered by any program of unemployment insurance;
(ii) service performed by an individual who is enrolled at a nonprofit or public educational
institution, that normally maintains a regular faculty and curriculum and normally has a regularly
organized body of students in attendance at the place where its educational activities are carried on,
as a student in a full-time program taken for credit at the institution, that combines academic
instruction with work experience, if the service is an integral part of the program and the institution
has so certified to the employer, but this subsection does not apply to service performed in a program
established for or on behalf of an employer or group of employers; or
(iii) service performed in the employ of a hospital, if the service is performed by a patient
of the hospital;
(h) service performed by an individual in the employ of the individual's son, daughter, or
spouse, and service performed by a child under the age of 21 in the employ of the child's parent;
(i) for the purposes of Subsections 35A-4-204 (2)(d) and (e), service performed:
(i) in the employ of:
(A) a church or convention or association of churches; or
(B) an organization that is operated primarily for religious purposes and that is operated,
supervised, controlled, or principally supported by a church or convention or association of churches;
(ii) by a duly ordained, commissioned, or licensed minister of a church in the exercise of the
minister's ministry or by a member of a religious order in the exercise of duties required by the order;
(iii) after December 31, 1977, in the employ of a governmental entity referred to in
Subsection 35A-4-204 (2) if the service is performed by an individual in the exercise of the
individual's duties:
(A) as an elected official;
(B) as a member of a legislative body or the judiciary of the state or its political subdivisions;
(C) as a member of the National Guard or Air National Guard;
(D) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake,
flood, or similar emergency; or
(E) in an advisory position or a policymaking position the performance of the duties of
which ordinarily does not require more than eight hours per week;
(iv) in a facility conducted for the purpose of carrying out a program of rehabilitation for
individuals whose earning capacity is impaired by age, physical or mental deficiency, injury, or
providing a remunerative work for individuals who, because of their impaired physical or mental
capacity, cannot be readily absorbed in the competitive labor market by an individual receiving that
rehabilitation or remunerative work;
(v) as part of an unemployment work-relief or work-training program, assisted or financed
in whole or in part by any federal agency or an agency of a state or political subdivision of the state,
by an individual receiving the work-relief or work-training;
(vi) prior to January 1, 1978, for a hospital in a state prison or other state correctional
institution by an inmate of the prison or correctional institution and after December 31, 1977, by an
inmate of a custodial or penal institution;
(j) casual labor not in the course of the employing unit's trade or business;
(k) service performed in any calendar quarter in the employ of any organization exempt from
income tax under Subsection 501(a), Internal Revenue Code, other than an organization described
in Subsection 401(a) or Section 521 Internal Revenue Code, if the remuneration for the service is
less than $50;
(l) service is performed in the employ of a foreign government, including service as a
consular or other officer, other employee, or a nondiplomatic representative;
(m) service performed in the employ of an instrumentality wholly owned by a foreign
government:
(i) if the service is of a character similar to that performed in foreign countries by employees
of the United States government or its instrumentalities; and
(ii) if the division finds that the United States Secretary of State has certified to the United
States Secretary of the Treasury that the foreign government with respect to whose instrumentality
exemption is claimed grants an equivalent exemption with respect to similar service performed in
the foreign country by employees of the United States government and its instrumentalities;
(n) service performed by an individual for a person as an insurance agent or as an insurance
solicitor, if all the service performed by the individual for that person is performed for remuneration
solely by way of commission;
(o) service performed by an individual in the delivery or distribution of newspapers or
shopping news, not including delivery or distribution to any point for subsequent delivery or
distribution;
(p) service covered by an arrangement between the division and the agency charged with the
administration of any other state or federal unemployment compensation law under which all
services performed by an individual for an employing unit during the period covered by the
employing unit's duly approved election, are considered to be performed entirely within the agency's
state or under the federal law;
(q) service performed by lessees engaged in metal mining under lease agreements, unless
the individual lease agreement, or the practice in actual operation under the agreement, is such as
would constitute the lessees' employees of the lessor at common law;
(r) service performed by an individual for a person as a licensed real estate agent or salesman
if all the service performed by the individual for that person is performed for remuneration solely
by way of commission;
(s) service performed by an individual for a person as a licensed securities agent or salesman,
registered representative, if the service performed by the individual for that person is performed for
remuneration solely by way of commission;
(t) services as an outside salesman paid solely by way of commission if the services were
performed outside of all places of business of the enterprises for which the services are performed
except:
(i) as provided in Subsection [
(ii) if the services would constitute employment at common law;
(u) service performed by an individual as a telephone survey conductor or pollster if:
(i) the individual does not perform the service on the principal's premises; and
(ii) the individual is paid for the service solely on a piece-rate or commission basis; or
(v) service performed by a nurse licensed or registered under Title 58, Chapter [
Nurse Practice Act, if:
(i) the service of the nurse is performed in the home of the patient;
(ii) substantially all of the nurse's compensation for the service is from health insurance
proceeds; and
(iii) no compensation or fee for the service is paid to any agency or company as a business
furnishing nursing services.
(2) "Included and excluded service" means if the services performed during 1/2 or more of
any pay period by an individual for the person employing the individual constitute employment, all
the services of the individual for the period are considered to be employment; but if the services
performed during more than half of any such pay period by an individual for the person employing
the individual do not constitute employment, then none of the services of the individual for the
period are considered to be employment. As used in this subsection, "pay period" means a period
of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the
individual by the person employing the individual.
Section 42. Section 41-3-702 is amended to read:
41-3-702. Civil penalty for violation.
(1) The following are civil violations under this chapter and are in addition to criminal
violations under this chapter:
(a) Level I:
(i) failure to display business license;
(ii) failure to surrender license of salesperson because of termination, suspension, or
revocation;
(iii) failure to maintain a separation from nonrelated motor vehicle businesses at licensed
locations;
(iv) issuing a temporary permit improperly;
(v) failure to maintain records;
(vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without
licensing the motor vehicle;
(vii) special plate violation; and
(viii) failure to maintain a sign at principal place of business.
(b) Level II:
(i) failure to report sale;
(ii) advertising violation;
(iii) dismantling without a permit;
(iv) manufacturing without meeting construction or vehicle identification number standards;
and
(v) withholding customer license plates.
(c) Level III:
(i) operating without a principal place of business;
(ii) selling a new motor vehicle without holding the franchise;
(iii) crushing a motor vehicle without proper evidence of ownership;
(iv) selling from an unlicensed location;
(v) altering a temporary permit;
(vi) refusal to furnish copies of records; and
(vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles.
(2) (a) The schedule of civil penalties for violations of Subsection (1) is:
(i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and
subsequent offenses;
(ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third
and subsequent offenses; and
(iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the
third and subsequent offenses.
(b) When determining under this section if an offense is a second or subsequent offense, only
prior offenses committed within the 12 months prior to the commission of the current offense may
be considered.
(3) The following are civil violations in addition to criminal violations under Section
41-1a-1008 :
(a) knowingly selling a salvage vehicle, as defined in Section 41-1a-1001 , without disclosing
that the salvage vehicle has been repaired or rebuilt;
(b) knowingly making a false statement on a vehicle damage disclosure statement, as defined
in Section 41-1a-1001 ; or
(c) fraudulently certifying that a damaged motor vehicle is entitled to an unbranded title, as
defined in Section 41-1a-1001 , when it is not.
(4) The civil penalty for a violation under Subsection [
(a) not less than $1,000, or treble the actual damages caused by the person, whichever is
greater; and
(b) reasonable attorneys' fees and costs of the action.
(5) A civil action may be maintained by a purchaser or by the administrator.
Section 43. Section 48-2b-102 is amended to read:
48-2b-102. Definitions.
(1) "Bankruptcy" includes bankruptcy under federal bankruptcy law or under Utah
insolvency law.
(2) "Business" includes every trade, occupation, or profession.
(3) "Division" means the Division of Corporations and Commercial Code of the Department
of Commerce.
(4) "Foreign limited liability company" means a limited liability company organized under
the laws of any other jurisdiction.
(5) "Limited liability company" or "company" means a business entity organized under this
chapter.
(6) "Person" means an individual, general partnership, limited partnership, limited liability
company, limited association, domestic or foreign trust, estate, association, or corporation.
(7) "Professional services" means the personal services rendered by:
(a) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and
any subsequent laws regulating the practice of architecture;
(b) an attorney granted the authority to practice law by the Supreme Court of the state of
Utah as provided in Title 78, Chapter 51;
(c) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
Practice Act, and any subsequent laws regulating the practice of chiropractic;
(d) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentists and Dental
Hygienists Practice Act, and any subsequent laws regulating the practice of dentistry;
(e) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and
Land Surveyors Licensing Act;
(f) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
Practice Act, and any subsequent laws regulating the practice of naturopathy;
(g) a nurse licensed under Title 58, Chapter [
Chapter 44a, Nurse Midwife Practice Act;
(h) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
Act, and any subsequent laws regulating the practice of optometry;
(i) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
(j) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
any subsequent laws regulating the practice of pharmacy;
(k) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67,
Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
(l) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
Practice Act, and any subsequent laws regulating the practice of physical therapy;
(m) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician
Licensing Act, and any subsequent laws regulating the practice of chiropody;
(n) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act,
and any subsequent laws regulating the practice of psychology;
(o) a public accountant holding a license under Title 58, Chapter 26, Certified Public
Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
(p) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
Division of Real Estate, and any subsequent laws regulating the sale, exchange, purchase, rental, or
leasing of real estate;
(q) a mental health therapist holding a license under Title 58, Chapter 60, Mental Health
Professional Practice Act, and any subsequent laws regulating the practice of mental health therapy;
and
(r) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
any subsequent laws regulating the practice of veterinary medicine.
(8) "Regulating board" means the board organized pursuant to state law that is charged with
the licensing and regulation of the practice of the profession that a limited liability company is
organized to render.
(9) "State" means a state, territory, or possession of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico.
(10) "Successor limited liability company" means the surviving or resulting limited liability
company existing pursuant to a merger or consolidation of two or more limited liability companies.
Section 44. Section 53-3-210 is amended to read:
53-3-210. Temporary learner permit -- Instruction permit -- Commercial driver
instruction permit -- Practice permit.
(1) (a) The division upon receiving an application for a class D or M license from a person
16 years of age or older may issue a temporary learner permit after the person has successfully passed
all parts of the examination not involving actually driving a motor vehicle.
(b) The temporary learner permit allows the applicant, while having the permit in the
applicant's immediate possession, to drive a motor vehicle upon the highways for six months from
the date of the application in conformance with the restrictions indicated on the permit.
(2) (a) The division, upon receiving an application, may issue an instruction permit effective
for one year to an applicant who is enrolled in a driver education program that includes practice
driving, if the program is approved by the State [
applicant has not reached the legal age to be eligible for a license.
(b) The instruction permit entitles the applicant, while having the permit in his immediate
possession, to drive a motor vehicle, only if an approved instructor is occupying a seat beside the
applicant or in accordance with the requirements of Subsections (4) and 53A-13-208 (4).
(3) The division may issue a commercial driver instruction permit under Title 53, Chapter
3, Part 4, Uniform Commercial Driver License Act.
(4) (a) The division shall issue a practice permit to an applicant who:
(i) is at least 15 years and nine months of age;
(ii) has been issued an instruction permit under this section;
(iii) is enrolled in or has successfully completed a driver education course in a:
(A) commercial driver training school licensed under Title 53, Chapter 3, Part 5,
Commercial Driver Training Schools Act; or
(B) driver education program approved by the division;
(iv) has passed the written test required by the division;
(v) has passed the physical and mental fitness tests; and
(vi) has submitted the nonrefundable fee for a class D license.
(b) The division shall supply the practice permit form. The form shall include the following
information:
(i) the person's full name, date of birth, sex, home address, height, weight, and eye color;
(ii) the name of the school providing the driver education course;
(iii) the dates of issuance and expiration of the permit;
(iv) the statutory citation authorizing the permit; and
(v) the conditions and restrictions contained in this section for operating a class D motor
vehicle.
(c) The practice permit is valid for up to 90 days from the date of issuance. The practice
permit allows the person, while having the permit in the applicant's immediate possession, to operate
a class D motor vehicle when the person's parent, legal guardian, or adult spouse, who must be a
licensed driver, is occupying a seat next to the person and no other passengers are in the vehicle.
(d) If an applicant has been issued a practice permit by the division, the applicant may
obtain an original or provisional class D license from the division upon passing the skills test
administered by the division and reaching 16 years of age.
Section 45. Section 53-3-901 is amended to read:
53-3-901. Title.
This [
Section 46. Section 53-3-902 is amended to read:
53-3-902. Definitions.
As used in this [
(1) "Motorcycle" has the same meaning as provided in Section 41-1a-102 .
(2) "Program" means the motorcycle rider education program for training and information
disbursement created under Section 53-3-903 .
(3) "Rider training course" means a motorcycle rider education curriculum and delivery
system approved by the division as meeting national standards designed to develop and instill the
knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.
Section 47. Section 53-8-213 is amended to read:
53-8-213. Special function officer status for certain employees -- Retirement
provisions.
(1) The commissioner may designate an employee of the Utah Highway Patrol Division as
a special function officer, as defined in Section [
all laws relating to vehicle parts and equipment, including the provisions of this part and Title 41,
Chapter 6, Article 16, Equipment.
(2) Notwithstanding Section 49-4a-203 , a special function officer designated under this
section may not become or be designated as a member of the Public Safety Retirement Systems.
Section 48. Section 53-10-502 is amended to read:
53-10-502. Bureau duties.
The bureau:
(1) maintains dispatch and communications services for regional public safety consolidated
communications centers;
(2) provides facilities and acts as a public safety answering point to answer and respond to
[
(3) provides professional emergency dispatch and communications support for law
enforcement, emergency medical, fire suppression, highway maintenance, public works, and public
safety agencies representing municipal, county, state, and federal governments; and
(4) coordinates incident response.
Section 49. Section 53-11-108 is amended to read:
53-11-108. Licensure -- Basic qualifications.
An applicant for licensure under this chapter shall meet the following qualifications:
(1) An applicant shall be:
(a) at least 21 years of age;
(b) a citizen or legal resident of the United States; and
(c) of good moral character.
(2) An applicant may not:
(a) have been convicted of:
(i) a felony;
(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) any act of personal violence or force on any person or convicted of threatening to
commit any act of personal violence or force against another person;
(iv) any act constituting dishonesty or fraud;
(v) impersonating a peace officer; or
(vi) any act involving moral turpitude;
(b) be on probation, parole, community supervision, or named in an outstanding arrest
warrant; or
(c) be employed as a peace officer.
(3) If previously or currently licensed in another state or jurisdiction, the applicant shall be
in good standing within that state or jurisdiction.
(4) (a) The applicant shall also have completed a training program of not less than 16 hours
that is approved by the board and includes:
(i) instruction on the duties and responsibilities of a licensee under this chapter, including:
(A) search, seizure, and arrest procedure;
(B) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(C) specific duties and responsibilities regarding entering an occupied structure to carry out
functions under this chapter;
(ii) the laws and rules relating to the bail bond business;
(iii) the rights of the accused; and
(iv) ethics.
(b) The program may be completed after the licensure application is submitted, but shall be
completed before a license may be issued under this chapter.
(5) If the applicant desires to carry a firearm as a licensee, the applicant shall:
(a) successfully complete a course regarding the specified types of weapons he plans to carry.
The course shall:
(i) be not less than 16 hours;
(ii) be conducted by any national, state, or local firearms training organization approved by
the [
[
(iii) provide training regarding general familiarity with the types of firearms to be carried,
including:
(A) the safe loading, unloading, storage, and carrying of the types of firearms to be
concealed; and
(B) current laws defining lawful use of a firearm by a private citizen, including lawful
self-defense, use of deadly force, transportation, and concealment; and
(b) shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704 .
Section 50. Section 53-11-119 is amended to read:
53-11-119. Grounds for disciplinary action.
(1) The board may take disciplinary action under Subsection (2), (4), or (5) regarding a
license granted under this chapter if the board finds the licensee commits any of the following while
engaged in activities regulated under this chapter:
(a) fraud or willful misrepresentation in applying for an original license or renewal of an
existing license;
(b) using any letterhead, advertising, or other printed matter in any manner representing that
he is an instrumentality of the federal government, a state, or any political subdivision of a state;
(c) using a name different from that under which he is currently licensed for any advertising,
solicitation, or contract to secure business unless the name is an authorized fictitious name;
(d) impersonating, permitting, or aiding and abetting an employee to impersonate a law
enforcement officer or employee of the United States, any state, or a political subdivision of a state;
(e) knowingly violating, advising, encouraging, or assisting in the violation of any statute,
court order, or injunction in the course of conducting an agency regulated under this chapter;
(f) falsifying fingerprints or photographs while operating under this chapter;
(g) has a conviction for:
(i) a felony;
(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii) any act involving moral turpitude;
(iv) any act of personal violence or force against any person or conviction of threatening to
commit any act of personal violence or force against any person;
(v) any act constituting dishonesty or fraud;
(vi) impersonating a peace officer; or
(vii) any act of illegally obtaining or disseminating private, controlled, or protected records
under Section 63-2-801 ;
(h) soliciting business for an attorney in return for compensation;
(i) being placed on probation, parole, [
outstanding arrest warrant;
(j) committing, or permitting any employee or contract employee to commit any act during
the period between the expiration of a license for failure to renew within the time fixed by this
chapter, and the reinstatement of the license, that would be cause for the suspension or revocation
of the license or grounds for denial of the application for the license;
(k) willfully neglecting to render to a client services or a report as agreed between the parties
and for which compensation has been paid or tendered in accordance with the agreement of the
parties, but if the investigator chooses to withdraw from the case and returns the funds for work not
yet done, no violation of this section exists;
(l) failing or refusing to cooperate with, failing to provide truthful information to, or refusing
access to an authorized representative of the department engaged in an official investigation;
(m) employing or contracting with any unlicensed or improperly licensed person or agency
to conduct activities regulated under this chapter if the licensure status was known or could have
been ascertained by reasonable inquiry;
(n) permitting, authorizing, aiding, or in any way assisting a licensed employee to conduct
services as described in this chapter on an independent contractor basis and not under the authority
of the licensed agency;
(o) failure to maintain in full force and effect workers' compensation insurance, if applicable;
(p) advertising in a false, deceptive, or misleading manner;
(q) refusing to display the identification card issued by the department to any person having
reasonable cause to verify the validity of the license;
(r) committing any act of unprofessional conduct; or
(s) engaging in any other conduct prohibited by this chapter.
(2) On completion of an investigation, the board may:
(a) dismiss the case;
(b) take emergency action;
(c) issue a letter of concern, if applicable;
(d) impose a civil penalty not to exceed $500;
(e) place all records, evidence, findings, and conclusions and any other information pertinent
to the investigation in the confidential and protected records section of the file maintained at the
department; or
(f) if the board finds, based on the investigation, that a violation of Subsection (1) has
occurred, notice shall be sent to the licensee of the results of the hearing by mailing a true copy to
the licensee's last-known address in the department's files by certified mail, return receipt requested.
(3) A letter of concern shall be retained by the commissioner and may be used in future
disciplinary actions against a licensee.
(4) (a) If the board finds, based on its investigation under Subsection (1), that the public
health, safety, or welfare requires emergency action, the board may order a summary suspension of
a license pending proceedings for revocation or other action.
(b) If the board issues an order of summary suspension, the board shall issue to the licensee
a written notice of complaint and formal hearing, setting forth the charges made against the licensee
and his right to a formal hearing before the board within 60 days.
(5) Based on information the board receives during a hearing it may:
(a) (i) dismiss the complaint if the board believes it is without merit;
(ii) fix a period and terms of probation best adapted to educate the licensee;
(iii) place the license on suspension for a period of not more than 12 months; or
(iv) revoke the license; and
(b) impose a civil penalty not to exceed $500.
(6) (a) On a finding by the board that a bail recovery agency licensee committed a violation
of Subsection (1), the probation, suspension, or revocation terminates the employment of all
licensees employed or employed by contract by the bail bond agency.
(b) If a licensee who is an employee or contract employee of a bail bond agency committed
a violation of Subsection (1), the probation, suspension, or revocation applies only to the license held
by that individual under this chapter.
(7) (a) Appeal of the board's decision shall be made in writing to the commissioner within
30 days after the date of issuance of the board's decision.
(b) The hearing shall be scheduled not later than 60 days after receipt of the request.
(c) The commissioner shall review the finding by the board and may affirm, return to the
board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation
of the board.
(8) A person may appeal the commissioner's decision to the district court pursuant to Section
63-46b-15 .
(9) All penalties collected under this section shall be deposited in the General Fund.
Section 51. Section 53A-3-414 is amended to read:
53A-3-414. Local school boards' responsibility for school buildings and grounds when
used as civic centers.
A local school board has the following powers:
(1) It manages, directs, and controls civic centers under this chapter.
(2) It adopts rules for the use of these civic centers.
(3) It may charge a reasonable fee for the use of school facilities as a civic center so that the
district incurs no expense for that use.
(4) It may appoint a special functions officer under Section [
charge of the grounds and protect school property when used for civic center purposes.
(5) It may refuse the use of a civic center, for other than school purposes, if it determines the
use inadvisable.
Section 52. Section 53A-7-11o is amended to read:
53A-7-110. Powers and duties.
(1) The commission:
(a) shall make recommendations to the State Board of Education and professional
organizations of educators:
(i) concerning standards of professional performance, competence, and ethical conduct for
persons holding certificates issued by the board; and
(ii) for the improvement of the education profession;
(b) shall adopt rules to carry out the purposes of this chapter;
(c) shall establish procedures for receiving and acting upon charges and recommendations
regarding immoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations
of standards of ethical conduct, performance, and professional competence;
(d) shall establish the manner in which hearings are conducted and reported, and
recommendations are submitted to the State Board of Education for its action;
(e) may:
(i) warn or reprimand a certificate holder;
(ii) recommend that the State Board of Education revoke or suspend a certificate, or restrict
or prohibit recertification;
(iii) enter into a written agreement requiring a current or former educator who has been the
subject of a commission action to demonstrate to the satisfaction of the commission that the
individual is rehabilitated and will conform to standards of professional performance, competence,
and ethical conduct; or
(iv) take other appropriate action;
(f) may administer oaths, issue subpoenas, and make investigations relating to any matter
before the commission; and
(g) where reasonable cause exists, may initiate a criminal background check on a certificate
holder:
(i) the certificate holder shall receive written notice if a fingerprint check is requested as a
part of the background check;
(ii) fingerprints of the individual shall be taken, and the [
Investigations and Technical Services Division of the Department of Public Safety shall release the
individual's full record, as shown on state, regional, and national records, to the commission; and
(iii) the commission shall pay the cost of the background check except as provided under
Section 53A-6-103 , and the moneys collected shall be credited to the [
Investigations and Technical Services Division to offset its expenses.
(2) (a) In fulfilling its duty under Subsection (1) (c), the commission shall investigate any
allegation of sexual abuse of a student or a minor by an educator whether or not the educator has
surrendered his certificate without a hearing.
(b) The investigation shall be independent of and separate from any criminal investigation.
(c) The commission may receive any evidence related to the allegation of sexual abuse,
including sealed or expunged records released to the board under Section 77-18-15 .
(3) In making recommendations under Subsection (1)(e)(ii), the commission shall use a
preponderance of evidence standard in its hearings as the basis for recommending revocation or
suspension of a certificate or restriction or prohibition of recertification.
Section 53. Section 53A-17a-101 is amended to read:
53A-17a-101. Title.
This chapter is known as [
Section 54. Section 58-37c-11 is amended to read:
58-37c-11. Penalty for unlawful conduct.
(1) Any person who violates the unlawful conduct provision defined in Subsections
58-37c-3 [
(2) Any person who violates the unlawful conduct provisions defined in Subsection
58-37c-3 [
Section 55. Section 58-37c-18 is amended to read:
58-37c-18. Recordkeeping requirements for sale of crystal iodine.
(1) Any person licensed to engage in a regulated transaction and who sells crystal iodine to
another person shall:
(a) comply with the recordkeeping requirements of Section [
(b) require photo identification of the purchaser;
(c) obtain from the purchaser a signature on a certificate of identification provided by the
seller; and
(d) obtain from the purchaser a legible fingerprint, preferably of the right thumb, which shall
be placed on the certificate next to the purchaser's signature.
(2) Any failure to comply with Subsection (1) is a class B misdemeanor.
Section 56. Section 58-37c-21 is amended to read:
58-37c-21. Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Criminal Investigations and Technical
Services Division of the Department of Public Safety, created in Section [
(2) The division has authority to enforce this chapter. To carry out this purpose, the division
may:
(a) inspect, copy, and audit records, inventories of controlled substance precursors, and
reports required under this chapter and rules adopted under this chapter;
(b) enter the premises of regulated distributors and regulated purchasers during normal
business hours to conduct administrative inspections;
(c) assist the law enforcement agencies of the state in enforcing this chapter;
(d) conduct investigations to enforce this chapter;
(e) present evidence obtained from investigations conducted in conjunction with appropriate
county and district attorneys and the Office of the Attorney General for civil or criminal prosecution
or for administrative action against a licensee; and
(f) work in cooperation with the Division of Occupational and Professional Licensing,
created under Section 58-1-103 , to accomplish the purposes of this section.
Section 57. Section 58-37d-9 is amended to read:
58-37d-9. Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Criminal Investigations and Technical
Services Division of the Department of Public Safety, created in Section [
(2) The division has authority to enforce this chapter. To carry out this purpose, the division
may:
(a) assist the law enforcement agencies of the state in enforcing this chapter;
(b) conduct investigations to enforce this chapter;
(c) present evidence obtained from investigations conducted in conjunction with appropriate
county and district attorneys and the Office of the Attorney General for civil or criminal prosecution
or for administrative action against a licensee; and
(d) work in cooperation with the Division of Occupational and Professional Licensing,
created under Section 58-1-103 , to accomplish the purposes of this section.
Section 58. Section 58-47b-102 is amended to read:
58-47b-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Board" means the Utah Board of Massage Therapy created in Section 58-47b-201 .
(2) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
system.
(3) "Massage apprentice" means an individual licensed under this chapter as a massage
apprentice to work under the direct supervision of a licensed massage [
(4) "Massage therapist" means an individual licensed under this chapter as a massage
therapist.
(5) "Practice of massage therapy" means:
(a) the examination, assessment, and evaluation of the soft tissue structures of the body for
the purpose of devising a treatment plan to promote homeostasis;
(b) the systematic manual or mechanical manipulation of the soft tissue of the body for the
therapeutic purpose of:
(i) promoting the health and well-being of a client;
(ii) enhancing the circulation of the blood and lymph;
(iii) relaxing and lengthening muscles;
(iv) relieving pain;
(v) restoring metabolic balance; and
(vi) achieving homeostasis;
(c) the use of the hands or a mechanical or electrical apparatus;
(d) the use of rehabilitative procedures involving the soft tissue of the body;
(e) range of motion or movements without spinal adjustment as set forth in Section
58-73-102 ;
(f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
baths;
(g) manual traction and stretching exercise;
(h) correction of muscular distortion by treatment of the soft tissues of the body;
(i) counseling, education, and other advisory services to reduce the incidence and severity
of physical disability, movement dysfunction, and pain; and
(j) similar or related activities and modality techniques.
(6) "Soft tissue" means the muscles and related connective tissue.
(7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
(8) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and as may
be further defined by division rule.
Section 59. Section 58-47b-304 is amended to read:
58-47b-304. Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in the practice of massage therapy as defined under this chapter, subject to
the stated circumstances and limitations, without being licensed, but may not represent themselves
as a massage therapist or massage apprentice:
(a) physicians and surgeons licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(b) nurses licensed under Title 58, Chapter [
Chapter 44a, Nurse Midwife Practice Act;
(c) physical therapists licensed under Title 58, Chapter 24a, Physical Therapist Practice Act;
(d) osteopathic physicians and surgeons licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act;
(e) chiropractic physicians licensed under Title 58, Chapter 73, Chiropractic Physician
Practice Act;
(f) hospital staff members employed by a hospital who practice massage as part of their
responsibilities;
(g) athletic trainers who practice massage as part of their responsibilities while employed
by an educational institution or an athletic team that participates in organized sports competition;
(h) students in training enrolled in a massage therapy school approved by the division;
(i) until January 1, 1999, individuals engaging in lymphatic massage and who meet training
standards as defined by division rule;
(j) naturopathic physicians licensed under Title 58, Chapter 71, Naturopathic Physician
Practice Act;
(k) occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy
Practice Act; and
(l) persons performing gratuitous massage.
(2) This chapter may not be construed to authorize any individual licensed under this chapter
to engage in any manner in the practice of medicine as defined by the laws of this state.
(3) This chapter may not be construed to:
(a) create or require insurance coverage or reimbursement for massage therapy from third
party payors if this type of coverage did not exist on or before February 15, 1990; or
(b) prevent any insurance carrier from offering coverage for massage therapy.
Section 60. Section 58-60-103 is amended to read:
58-60-103. Licensure required.
(1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical Practice
Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter [
Chapter 61, Psychologist Licensing Act; or exempted from licensure under this chapter in order to:
(a) engage in or represent he will engage in the practice of mental health therapy, clinical
social work, certified social work, marriage and family therapy, or professional counseling; or
(b) practice as or represent himself as a mental health therapist, clinical social worker,
certified social worker, marriage and family therapist, professional counselor, psychiatrist,
psychologist, or registered psychiatric mental health nurse specialist.
(2) An individual shall be licensed under this chapter or exempted from licensure under this
chapter in order to:
(a) engage in or represent that he is engaged in practice as a social service worker; or
(b) represent himself as or use the title of social service worker.
(3) An individual shall be licensed under this chapter or exempted from licensure under this
chapter in order to:
(a) engage in or represent that he is engaged in practice as a licensed substance abuse
counselor; or
(b) represent himself as or use the title of licensed substance abuse counselor.
Section 61. Section 58-60-107 is amended to read:
58-60-107. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following may engage
in acts included within the definition of practice as a mental health therapist, subject to the stated
circumstances and limitations, without being licensed under this chapter:
(1) the following when practicing within the scope of the license held:
(a) a physician and surgeon or osteopathic physician and surgeon licensed under Chapter 67,
Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
(b) a registered psychiatric mental health nurse specialist licensed under Chapter [
Nurse Practice Act; and
(c) a psychologist licensed under Chapter 61, Psychologist Licensing Act;
(2) a recognized member of the clergy while functioning in his ministerial capacity as long
as he does not represent himself as or use the title of a license classification in Subsection
58-60-102 (5);
(3) an individual who is offering expert testimony in any proceeding before a court,
administrative hearing, deposition upon the order of any court or other body having power to order
the deposition, or proceedings before any master, referee, or alternative dispute resolution provider;
(4) an individual engaged in performing hypnosis who is not licensed under Title 58,
Occupations and Professions, in a profession which includes hypnosis in its scope of practice, and
who:
(a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or altering
lifestyles or habits, such as eating or smoking, through hypnosis;
(ii) consults with a client to determine current motivation and behavior patterns;
(iii) prepares the client to enter hypnotic states by explaining how hypnosis works and what
the client will experience;
(iv) tests clients to determine degrees of suggestibility;
(v) applies hypnotic techniques based on interpretation of consultation results and analysis
of client's motivation and behavior patterns; and
(vi) trains clients in self-hypnosis conditioning;
(b) may not:
(i) engage in the practice of mental health therapy;
(ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
or
(iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
generally recognized diagnostic and statistical manuals of medical, psychological, or dental
disorders;
(5) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) or (c) while
completing any supervised clinical training requirement for licensure extends not more than one year
from the date the minimum requirement for training is completed, unless the individual presents
satisfactory evidence to the division and the appropriate board that the individual is making
reasonable progress toward passing of the qualifying examination for that profession or is otherwise
on a course reasonably expected to lead to licensure, but any exemption under this subsection may
not exceed two years past the date the minimum supervised clinical training requirement has been
completed;
(6) an individual holding an earned doctoral degree or master's degree in social work,
marriage and family therapy, or professional counseling, who is employed by an accredited
institution of higher education and who conducts research and teaches in that individual's
professional field, but only if the individual does not engage in providing or supervising professional
services regulated under this chapter to individuals or groups regardless of whether there is
compensation for the services;
(7) an individual, holding an earned doctoral degree or master's degree in a discipline which
is a prerequisite for practice as a mental health therapist, who provides mental health therapy as an
employee of a public or private organization which provides mental health therapy while under the
direct supervision of a person licensed under this chapter as part of a professional training program
approved by the division and offered through the agency for not more than 12 months;
(8) an individual providing general education in the subjects of alcohol or drug use or abuse,
including prevention; and
(9) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if there
is no compensation paid for the advice or counsel.
Section 62. Section 58-65-302 is amended to read:
58-65-302. Qualifications for licensure.
(1) Each applicant for licensure as an alarm company shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) have a qualifying agent who is an officer, director, partner, proprietor, or manager of the
applicant who:
(i) demonstrates 6,000 hours of experience in the alarm company business;
(ii) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
company business or in a construction business; and
(iii) passes an examination component established by rule by the division in collaboration
with the board;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards of all
corporate officers, directors, and those responsible management personnel employed within the state
or having direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards of
all shareholders owning 5% or more of the outstanding shares of the corporation, except this shall
not be required if the stock is publicly listed and traded;
(e) if a limited liability company, provide:
(i) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards of all
company officers, and those responsible management personnel employed within the state or having
direct responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards of
all individuals owning 5% or more of the equity of the company;
(f) if a partnership, the names, addresses, dates of birth, Social Security numbers, and
fingerprint cards of all general partners, and those responsible management personnel employed
within the state or having direct responsibility for managing operations of the applicant within the
state;
(g) if a proprietorship, the names, addresses, dates of birth, Social Security numbers, and
fingerprint cards of the proprietor, and those responsible management personnel employed within
the state or having direct responsibility for managing operations of the applicant within the state;
(h) be of good moral character in that officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
considered with the duties and responsibilities of an alarm company is considered by the division
and the board to indicate that the best interests of the public are served by granting the applicant a
license;
(i) document that none of applicant's officers, directors, shareholders described in Subsection
(1)(d)(ii), partners, proprietors, and responsible management personnel have been declared by any
court of competent jurisdiction incompetent by reason of mental defect or disease and not been
restored;
(j) document that none of applicant's officers, directors, shareholders described in Subsection
(1)(d)(ii), partners, proprietors, and responsible management personnel are currently suffering from
habitual drunkenness or from drug addiction or dependence;
(k) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in form and in amounts to be established by
rule by the division in collaboration with the board;
(ii) workers' compensation insurance that covers employees of the applicant in accordance
with applicable Utah law; and
[
[
(A) Division of Corporations and Commercial Code;
(B) Division of Workforce Information and Payment Services in the Department of
Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(C) State Tax Commission; and
(D) Internal Revenue Service; and
(l) meet with the division and board.
(2) Each applicant for licensure as an alarm company agent shall:
(a) submit an application in a form prescribed by the division accompanied by fingerprint
cards;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of a felony, a
misdemeanor involving moral turpitude, or any other crime that when considered with the duties and
responsibilities of an alarm company agent is considered by the division and the board to indicate
that the best interests of the public are served by granting the applicant a license;
(d) not have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction or
dependence; and
(f) meet with the division and board if requested by the division or the board.
(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division may make rules establishing when Federal Bureau of Investigation records shall be checked
for applicants.
(4) To determine if an applicant meets the qualifications of Subsections (1)(h) and (2)(c),
the division shall provide an appropriate number of copies of fingerprint cards to the Department of
Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter and each applicant's officers,
directors, and shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the F.B.I. for criminal history information under this section.
(5) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of a
fingerprint card from the division and a request for review of Department of Public Safety records;
and
(b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
of information from the F.B.I.
(6) (a) The division shall charge each applicant a fee, in accordance with Section 63-38-3.2 ,
equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records reviews,
and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
chapter.
(7) Information obtained by the division from the reviews of criminal history records of the
Department of Public Safety and the F.B.I. shall be used or disseminated by the division only for the
purpose of determining if an applicant for licensure under this chapter is qualified for licensure.
Section 63. Section 59-7-611 is amended to read:
59-7-611. Energy saving systems tax credit -- Limitations -- Definitions -- Tax credit
in addition to other credits -- Certification -- Rulemaking authority -- Reimbursement of
Uniform School Fund.
(1) As used in this section:
(a) "Active solar system":
(i) means a system of equipment capable of collecting and converting incident solar radiation
into thermal, mechanical, or electrical energy, and transferring these forms of energy by a separate
apparatus to storage or to the point of use; and
(ii) includes water heating, space heating or cooling, and electrical or mechanical energy
generation.
(b) "Biomass system" means any system of apparatus and equipment capable of converting
organic plant, wood, or waste products into electrical and thermal energy and transferring these
forms of energy by a separate apparatus to the point of use or storage.
(c) "Business entity" means any sole proprietorship, estate, trust, partnership, association,
corporation, cooperative, or other entity under which business is conducted or transacted.
(d) "Commercial energy system" means any active solar, passive solar, wind, hydroenergy,
or biomass system used to supply energy to a commercial unit or as a commercial enterprise.
(e) "Commercial enterprise" means a business entity whose purpose is to produce electrical,
mechanical, or thermal energy for sale from a commercial energy system.
(f) (i) "Commercial unit" means any building or structure which a business entity uses to
transact its business except as provided in Subsection (1)(f)(ii); and
(ii) (A) in the case of an active solar system used for agricultural water pumping or a wind
system, each individual energy generating device shall be a commercial unit; and
(B) if an energy system is the building or structure which a business entity uses to transact
its business, a commercial unit is the complete energy system itself.
[
intercepting and converting kinetic water energy into electrical or mechanical energy and transferring
this form of energy by separate apparatus to the point of use or storage.
[
59-10-103 and a resident individual as defined in Section 59-10-103 .
[
Planning, Department of Natural Resources.
(j) "Passive solar system":
(i) means a direct thermal system which utilizes the structure of a building and its operable
components to provide for collection, storage, and distribution of heating or cooling during the
appropriate times of the year by utilizing the climate resources available at the site; and
(ii) includes those portions and components of a building that are expressly designed and
required for the collection, storage, and distribution of solar energy.
(k) "Residential energy system" means any active solar, passive solar, wind, or hydroenergy
system used to supply energy to or for any residential unit.
(l) "Residential unit" means any house, condominium, apartment, or similar dwelling unit
which serves as a dwelling for a person, group of persons, or a family but does not include property
subject to the fees in lieu of the ad valorem tax under:
(i) Section 59-2-404 ;
(ii) Section 59-2-405 ; or
(iii) Section 59-2-405.1 .
(m) "Wind system" means a system of apparatus and equipment capable of intercepting and
converting wind energy into mechanical or electrical energy and transferring these forms of energy
by a separate apparatus to the point of use or storage.
(2) (a) (i) A business entity that purchases and completes or participates in the financing of
a residential energy system to supply all or part of the energy required for a residential unit owned
or used by the business entity and situated in Utah is entitled to a tax credit as provided in this
Subsection (2)(a).
(ii) (A) A business entity is entitled to a tax credit equal to 25% of the costs of a residential
energy system installed with respect to each residential unit it owns or uses, including installation
costs, against any tax due under this chapter for the taxable year in which the energy system is
completed and placed in service.
(B) The total amount of the credit under this Subsection (2)(a) may not exceed $2,000 per
residential unit.
(C) The credit under this Subsection (2)(a) is allowed for any residential energy system
completed and placed in service on or after January 1, 1997, but prior to January 1, 2001.
(iii) If a business entity sells a residential unit to an individual taxpayer prior to making a
claim for the tax credit under this Subsection (2)(a), the business entity may:
(A) assign its right to this tax credit to the individual taxpayer; and
(B) if the business entity assigns its right to the tax credit to an individual taxpayer under
Subsection (2)(a)(iii)(A), the individual taxpayer may claim the tax credit as if the individual
taxpayer had completed or participated in the costs of the residential energy system under Section
59-10-602 .
(b) (i) A business entity that purchases or participates in the financing of a commercial
energy system is entitled to a tax credit as provided in this Subsection (2)(b) if:
(A) the commercial energy system supplies all or part of the energy required by commercial
units owned or used by the business entity; or
(B) the business entity sells all or part of the energy produced by the commercial energy
system as a commercial enterprise.
(ii) (A) A business entity is entitled to a tax credit equal to 10% of the costs of any
commercial energy system installed, including installation costs, against any tax due under this
chapter for the taxable year in which the commercial energy system is completed and placed in
service.
(B) The total amount of the credit under this Subsection (2)(b) may not exceed $50,000 per
commercial unit.
(C) The credit under this Subsection (2)(b) is allowed for any commercial energy system
completed and placed in service on or after January 1, 1997, but prior to January 1, 2001.
(iii) A business entity that leases a commercial energy system installed on a commercial unit
is eligible for the tax credit under this Subsection (2)(b) if the lessee can confirm that the lessor
irrevocably elects not to claim the credit.
(iv) Only the principal recovery portion of the lease payments, which is the cost incurred by
a business entity in acquiring a commercial energy system, excluding interest charges and
maintenance expenses, is eligible for the tax credit under this Subsection (2)(b).
(v) A business entity that leases a commercial energy system is eligible to use the tax credit
under this Subsection (2)(b) for a period no greater than seven years from the initiation of the lease.
(c) (i) A tax credit under this section may be claimed for the taxable year in which the energy
system is completed and placed in service.
(ii) Additional energy systems or parts of energy systems may be claimed for subsequent
years.
(iii) If the amount of a tax credit under this section exceeds a business entity's tax liability
under this chapter for a taxable year, the amount of the credit exceeding the liability may be carried
over for a period which does not exceed the next four taxable years.
(3) (a) The tax credits provided for under Subsection (2) are in addition to any tax credits
provided under the laws or rules and regulations of the United States.
(b) (i) The Office of Energy and Resource Planning may promulgate standards for residential
and commercial energy systems that cover the safety, reliability, efficiency, leasing, and technical
feasibility of the systems to ensure that the systems eligible for the tax credit use the state's
renewable and nonrenewable energy resources in an appropriate and economic manner.
(ii) A tax credit may not be taken under Subsection (2) until the Office of Energy and
Resource Planning has certified that the energy system has been completely installed and is a viable
system for saving or production of energy from renewable resources.
(c) The Office of Energy and Resource Planning and the commission are authorized to
promulgate rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
which are necessary to implement this section.
(d) The Uniform School Fund shall be reimbursed by transfers from the General Fund for
any credits taken under this section.
Section 64. Section 59-9-101.1 is amended to read:
59-9-101.1. Employers' Reinsurance Fund special assessment.
(1) For purposes of this section:
(a) "Calendar year" means a time period beginning January 1 and ending December 31
during which an assessment is imposed.
(b) "Total workers' compensation premium income" has the same meaning as under
Subsection 59-9-101 (2).
(2) (a) For calendar years beginning on January 1, 1998, through December 31, 2000, the
following shall pay to the commission, on or before March 31 of each year, an assessment imposed
by the Labor Commission under Subsection (3):
(i) an admitted insurer writing workers' compensation insurance in this state, including the
Workers' Compensation Fund of Utah created under Title 31A, Chapter 33, Workers' Compensation
Fund of Utah; and
(ii) an employer authorized under Section 34A-2-201 to pay workers' compensation direct.
(b) The assessment imposed under Subsection (3) shall be in addition to:
(i) the premium assessment imposed under Subsection 59-9-101 (2); and
(ii) the assessment imposed under Section 34A-2-202 .
(3) (a) If the conditions described in Subsection (3)(b) are met, the Labor Commission may
impose an assessment in accordance with Subsections (3)(c) and (d) of up to 2% of:
(i) the total workers' compensation premium income received by the insurer from workers'
compensation insurance in this state during the preceding calendar year; or
(ii) if authorized under Section 34A-2-201 to pay workers' compensation direct, the amount
calculated under Section 34A-2-202 for a self-insured employer that is equivalent to the total
workers' compensation premium income.
(b) The Labor Commission may impose the assessment described in Subsection (3)(a) if:
(i) the Labor Commission determines that:
(A) all admitted insurers writing workers' compensation insurance in this state shall pay the
maximum 7.25% of the premium income under Subsection 59-9-101 (2)(c)(i); and
(B) all employers authorized to pay compensation direct shall pay the maximum 7.25%
assessment under Section 34A-2-202 ; and
(ii) the maximum 7.25% of the premium income is insufficient to:
(A) provide payment of benefits and expenses from the Employers' Reinsurance Fund to
project a funded condition of the Employers' Reinsurance Fund with assets greater than liabilities
by no later than June 30, 2025; or
(B) maintain the minimum approximate assets required in Subsection 59-9-101 (2)(d)(iv).
(c) On or before each October 15 of the preceding year and following a public hearing, the
Labor Commission shall determine:
(i) whether an assessment will be imposed under this section for a calendar year; and
(ii) if the assessment will be imposed, the percentage of the assessment applicable for the
calendar year.
(d) The Labor Commission shall:
(i) base its determination on the recommendations of the qualified actuary required in
Subsection 59-9-101 (2)(d)(i); and
(ii) take into consideration the recommended premium assessment rate recommended by the
actuary under Subsection 59-9-101 (2)(d)(ii).
(4) An employer shall aggregate all assessments imposed under this section and Section
34A-2-202 or 59-9-101 to determine whether the total assessment obligation shall be paid in
quarterly installments in accordance with Sections 34A-2-202 and 59-9-104 .
(5) The commission shall promptly remit the assessment collected under Subsection (2) to
the state treasurer for credit to the Employers' Reinsurance Fund created under Section [
34A-2-702 .
Section 65. Section 59-10-405 is amended to read:
59-10-405. Voluntary withholding agreements.
(1) The commission may by rule provide for withholding:
(a) from remuneration for services performed by an employee for the employee's employer
that, without regard to this section, does not constitute wages; or
(b) from any other type of payment with respect to which the commission finds that
withholding would be appropriate under this part if the employer and the employee, or in the case
of any other type of payment the person making and the person receiving the payment, agree to the
withholding.
(2) The agreement provided for in Subsection (1)(b) shall be made in a form and manner as
the commission may by rule prescribe.
(3) For purposes of this part, remuneration or other payments with respect to which an
agreement provided for in Subsection (1), other than election made pursuant to Section [
35A-4-407 , is made shall be treated as if they were wages paid by an employer to an employee to
the extent that such remuneration is paid or other payments are made during the period for which the
agreement is in effect.
Section 66. Section 59-12-201 is amended to read:
59-12-201. Title.
This part [
Section 67. Section 59-12-702 is amended to read:
59-12-702. Definitions.
As used in this part:
(1) "Botanical organization" means any private or public nonprofit organization or
administrative unit of a private or public nonprofit organization having as its primary purpose the
advancement and preservation of plant science through horticultural display, botanical research, and
community education.
(2) (a) "Cultural organization" means:
(i) a nonprofit institutional organization or an administrative unit of a nonprofit institutional
organization having as its primary purpose the advancement and preservation of:
(A) natural history;
(B) art;
(C) music;
(D) theater; or
(E) dance; and
(ii) for purposes of Subsections 59-12-704 (1)(d) and [
(A) a nonprofit institutional organization or administrative unit of a nonprofit institutional
organization having as its primary purpose the advancement and preservation of history;
(B) a municipal or county cultural council having as its primary purpose the advancement
and preservation of:
(I) history;
(II) natural history;
(III) art;
(IV) music;
(V) theater; or
(VI) dance.
(b) "Cultural organization" does not include:
(i) any agency of the state;
(ii) except as provided in Subsection (2)(a)(ii)(B), any political subdivision of the state;
(iii) any educational institution whose annual revenues are directly derived more than 50%
from state funds; or
(iv) any radio or television broadcasting network or station, cable communications system,
newspaper, or magazine.
(3) "Recreational facility" means any publicly owned or operated park, campground, marina,
dock, golf course, playground, athletic field, gymnasium, swimming pool, or other facility used for
recreational purposes.
(4) In a county of the first class, "zoological facilities" means any buildings, exhibits, utilities
and infrastructure, walkways, pathways, roadways, offices, administration facilities, public service
facilities, educational facilities, enclosures, public viewing areas, animal barriers, animal housing,
animal care facilities, and veterinary and hospital facilities related to the advancement, exhibition,
or preservation of mammals, birds, reptiles, or amphibians.
(5) (a) (i) Except as provided in Subsection (5)(a)(ii), " zoological organization" means a
nonprofit institutional organization having as its primary purpose the advancement and preservation
of zoology.
(ii) In a county of the first class, "zoological organization" means a nonprofit organization
having as its primary purpose the advancement and exhibition of mammals, birds, reptiles, and
amphibians to an audience of 500,000 or more persons annually.
(b) "Zoological organization" does not include any agency of the state, educational
institution, radio or television broadcasting network or station, cable communications system,
newspaper, or magazine.
Section 68. Section 59-23-4 is amended to read:
59-23-4. Brine shrimp royalty -- Royalty rate -- Commission to prescribe valuation
methodology -- Deposit of revenue.
(1) There is levied a brine shrimp royalty of .035 of the value of unprocessed brine shrimp
eggs.
(2) (a) The commission shall annually determine the value of unprocessed brine shrimp eggs
in accordance with a valuation methodology established by the commission in rule.
(b) Each person who harvests brine shrimp eggs shall file, in a form prescribed by the
commission, a sworn statement with the commission by August 1 of each year. The statement shall
set out in detail any information required by the commission.
(3) All revenue generated by the brine shrimp royalty shall be deposited in the Species
Protection Account created in Section [
Section 69. Section 62A-4a-403 is amended to read:
62A-4a-403. Reporting requirements.
(1) Except as provided in Subsection (2), when any person including persons licensed under
Title 58, Chapter [
Practice Act, has reason to believe that a child has been subjected to incest, molestation, sexual
exploitation, sexual abuse, physical abuse, or neglect, or who observes a child being subjected to
conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or
neglect, he shall immediately notify the nearest peace officer, law enforcement agency, or office of
the division. On receipt of this notice, the peace officer or law enforcement agency shall
immediately notify the nearest office of the division. If an initial report of child abuse or neglect is
made to the division, the division shall immediately notify the appropriate local law enforcement
agency. The division shall, in addition to its own investigation, comply with and lend support to
investigations by law enforcement undertaken pursuant to a report made under this section.
(2) The notification requirements of Subsection (1) do not apply to a clergyman or priest,
without the consent of the person making the confession, with regard to any confession made to him
in his professional character in the course of discipline enjoined by the church to which he belongs,
if:
(a) the confession was made directly to the clergyman or priest by the perpetrator; and
(b) the clergyman or priest is, under canon law or church doctrine or practice, bound to
maintain the confidentiality of that confession.
(3) (a) When a clergyman or priest receives information about abuse or neglect from any
source other than confession of the perpetrator, he is required to give notification on the basis of that
information even though he may have also received a report of abuse or neglect from the confession
of the perpetrator.
(b) Exemption of notification requirements for a clergyman or priest does not exempt a
clergyman or priest from any other efforts required by law to prevent further abuse or neglect by the
perpetrator.
Section 70. Section 63-9a-6 is amended to read:
63-9a-6. Obligations issued by authority -- Limitation of liability on obligations --
Limitation on amount of obligations issued.
(1) All obligations issued by the authority under this chapter shall be limited obligations of
the authority and shall not constitute, nor give rise to, a general obligation or liability of, nor a charge
against the general credit or taxing power of, this state or any of its political subdivisions. This
limitation shall be plainly stated upon all obligations.
(2) (a) No authority obligations incurred under this section may be issued in an amount
exceeding the difference between the total indebtedness of the state and an amount equal to 1 1/2%
of the value of the taxable property of the state.
(b) Debt issued under authority of Title 63B, Chapter 6, Part 2, 1997 Highway General
Obligation Bond Authorization, and Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation
Note Authorization, may not be included as part of the total indebtedness of the state of Utah in
determining the debt limit established by this Subsection (2).
(c) Debt issued under authority of Section [
part of the total indebtedness of the state in determining the debt limit established by this Subsection
(2).
(3) The obligations shall be authorized by resolution of the authority, following approval of
the Legislature, and may:
(a) be executed and delivered at any time, and from time to time, as the authority may
determine;
(b) be sold at public or private sale in the manner and at the prices, either at, in excess of,
or below their face value and at such times as the authority may determine;
(c) be in the form and denominations as the authority may determine;
(d) be of the tenor as the authority may determine;
(e) be in registered or bearer form either as to principal or interest or both;
(f) be payable in those installments and at the times as the authority may determine;
(g) be payable at the places, either within or without this state, as the authority may
determine;
(h) bear interest at the rate or rates, payable at the place or places, and evidenced in the
manner, as the authority may determine;
(i) be redeemable prior to maturity, with or without premium;
(j) contain such other provisions not inconsistent with this chapter as shall be deemed for
the best interests of the authority and provided for in the proceedings of the authority under which
the bonds shall be authorized to be issued; and
(k) bear facsimile signatures and seals.
(4) The authority may pay any expenses, premiums or commissions, which it deems
necessary or advantageous in connection with the authorization, sale, and issuance of these
obligations, from the proceeds of the sale of the obligations or from the revenues of the projects
involved.
Section 71. Section 63-38-2 is amended to read:
63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
Appropriations based on current tax laws and not to exceed estimated revenues.
(1) (a) The governor shall, within three days after the convening of the Legislature in the
annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
officer of each house of the Legislature together with a schedule for all of the proposed
appropriations of the budget, clearly itemized and classified.
(b) The budget message shall include a projection of estimated revenues and expenditures
for the next fiscal year.
(2) At least 34 days before the submission of any budget, the governor shall deliver a
confidential draft copy of his proposed budget recommendations to the Office of the Legislative
Fiscal Analyst.
(3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
(b) The budget may be accompanied by a separate document showing proposed expenditures
and estimated revenues based on changes in state tax laws or rates.
(4) The budget shall be accompanied by a statement showing:
(a) the revenues and expenditures for the last fiscal year;
(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of
the state;
(c) an estimate of the state's financial condition as of the beginning and the end of the period
covered by the budget;
(d) a complete analysis of lease with an option to purchase arrangements entered into by state
agencies;
(e) the recommendations for each state agency for new full-time employees for the next
fiscal year; which recommendation should be provided also to the State Building Board under
Subsection 63A-5-103 (2);
(f) any explanation the governor may desire to make as to the important features of the
budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
revenue; and
(g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
(5) The budget shall include an itemized estimate of the appropriations for:
(a) the Legislative Department as certified to the governor by the president of the Senate and
the speaker of the House;
(b) the Executive Department;
(c) the Judicial Department as certified to the governor by the state court administrator;
(d) payment and discharge of the principal and interest of the indebtedness of the state of
Utah;
(e) the salaries payable by the state under the Utah Constitution or under law for the lease
agreements planned for the next fiscal year;
(f) other purposes that are set forth in the Utah Constitution or under law; and
(g) all other appropriations.
(6) Deficits or anticipated deficits shall be included in the budget.
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
from the proper state officials, including public and higher education officials, all heads of executive
and administrative departments and state institutions, bureaus, boards, commissions, and agencies
expending or supervising the expenditure of the state moneys, and all institutions applying for state
moneys and appropriations, itemized estimates of revenues and expenditures. The entities required
by this subsection to submit itemized estimates of revenues and expenditures to the governor, shall
also report to the Utah Information Technology Commission created in Title 63D, Chapter 1, before
October 30 of each year. The report to the Information Technology Commission shall include the
proposed information technology expenditures and objectives, the proposed appropriation requests
and other sources of revenue necessary to fund the proposed expenditures and an analysis of:
(A) the entity's need for appropriations for information technology;
(B) how the entity's development of information technology coordinates with other state or
local government entities;
(C) any performance measures used by the entity for implementing information technology
goals; and
(D) any efforts to develop public/private partnerships to accomplish information technology
goals.
(ii) (A) The governor may also require other information under these guidelines and at times
as the governor may direct.
(B) These guidelines may include a requirement for program productivity and performance
measures, where appropriate, with emphasis on outcome indicators.
(b) The estimate for the Legislative Department as certified by the presiding officers of both
houses shall be included in the budget without revision by the governor. Before preparing the
estimates for the Legislative Department, the Legislature shall report to the Information Technology
Commission the proposed information technology expenditures and objectives, the proposed
appropriation requests and other sources of revenue necessary to fund the proposed expenditures,
including an analysis of:
(i) the Legislature's implementation of information technology goals;
(ii) any coordination of information technology with other departments of state and local
government;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the entity for implementing information technology
goals.
(c) The estimate for the Judicial Department, as certified by the state court administrator,
shall also be included in the budget without revision, but the governor may make separate
recommendations on it. Before preparing the estimates for the Judicial Department, the state court
administrator shall report to the Information Technology Commission the proposed information
technology expenditures and objectives, the proposed appropriation requests and other sources of
revenue necessary to fund the proposed expenditures, including an analysis of:
(i) the Judicial Department's information technology goals;
(ii) coordination of information technology statewide between all courts;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the entity for implementing information technology
goals.
(d) Before preparing the estimates for the State Office of Education, the state superintendent
shall report to the Information Technology Commission the proposed information technology
expenditures and objectives, the proposed appropriation requests and other sources of revenue
necessary to fund the proposed expenditures, including an analysis of:
(i) the Office of Education's information technology goals;
(ii) coordination of information technology statewide between all public schools;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the Office of Education for implementing
information technology goals.
(e) Before preparing the estimates for the state system of Higher Education, the
commissioner shall report to the Information Technology Commission the proposed information
technology expenditures and objectives, the proposed appropriation requests and other sources of
revenue necessary to fund the proposed expenditures, including an analysis of:
(i) Higher Education's information technology goals;
(ii) coordination of information technology statewide within the state system of higher
education;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the state system of higher education for
implementing information technology goals.
(f) The governor may require the attendance at budget meetings of representatives of public
and higher education, state departments and institutions, and other institutions or individuals
applying for state appropriations.
(g) The governor may revise all estimates, except those relating to the Legislative
Department, the Judicial Department, and those providing for the payment of principal and interest
to the state debt and for the salaries and expenditures specified by the Utah Constitution or under the
laws of the state.
(8) The total appropriations requested for expenditures authorized by the budget may not
exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
not affect the budget itself or any other item in it.
(10) (a) In submitting the budget for the Departments of Health and Human Services, the
governor shall consider a separate recommendation in his budget for funds to be contracted to:
(i) local mental health authorities under Section 17A-3-606 ;
(ii) local substance abuse authorities under Section 62A-8-110.5 ;
(iii) area agencies under Section 62A-3-104.2 ;
(iv) programs administered directly by and for operation of the Divisions of Mental Health,
Substance Abuse, and Aging and Adult Services; and
(v) local health departments under Title 26A, Chapter 1, Local Health Departments.
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
shall consider an amount sufficient to grant local health departments, local mental health authorities,
local substance abuse authorities, and area agencies the same percentage increase for wages and
benefits that he includes in his budget for persons employed by the state.
(c) If the governor does not include in his budget an amount sufficient to grant the increase
described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
for not including that amount.
(11) (a) In submitting the budget for the Division of Services for People with Disabilities
within the Department of Human Services, the governor shall consider an amount sufficient to grant
employees of private nonprofit corporations that contract with that division, the same percentage
increase for cost-of-living that he includes in his budget for persons employed by the state.
(b) If the governor does not include in his budget an amount sufficient to grant the increase
described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
for not including that amount.
(12) (a) The Families, Agencies, and Communities Together Council may propose to the
governor under Subsection 63-75-4 [
delivery systems operated under Section 63-75-6.5 .
(b) The Legislature may, through a specific program schedule, designate funds appropriated
for collaborative service delivery systems operated under Section 63-75-6.5 .
(13) The governor shall include in his budget the state's portion of the budget for the Utah
Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
Agency Network Act.
Section 72. Section 63-46b-1 is amended to read:
63-46b-1. Scope and applicability of chapter.
(1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of this
chapter apply to every agency of the state and govern:
(a) all state agency actions that determine the legal rights, duties, privileges, immunities, or
other legal interests of one or more identifiable persons, including all agency actions to grant, deny,
revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of these actions.
(2) This chapter does not govern:
(a) the procedures for making agency rules, or the judicial review of those procedures or
rules;
(b) the issuance of any notice of a deficiency in the payment of a tax, the decision to waive
penalties or interest on taxes, the imposition of and penalties or interest on taxes, or the issuance of
any tax assessment, except that this chapter governs any agency action commenced by a taxpayer or
by another person authorized by law to contest the validity or correctness of those actions;
(c) state agency actions relating to extradition, to the granting of pardons or parole,
commutations or terminations of sentences, or to the rescission, termination, or revocation of parole
or probation, [
resolution of grievances of, supervision of, confinement of, or the treatment of inmates or residents
of any correctional facility, the Utah State Hospital, the Utah State Developmental Center, or persons
in the custody or jurisdiction of the Division of Mental Health, or persons on probation or parole,
or judicial review of those actions;
(d) state agency actions to evaluate, discipline, employ, transfer, reassign, or promote
students or teachers in any school or educational institution, or judicial review of those actions;
(e) applications for employment and internal personnel actions within an agency concerning
its own employees, or judicial review of those actions;
(f) the issuance of any citation or assessment under Title 34A, Chapter 6, Utah Occupational
Safety and Health Act, and Title 58, Chapter 55, Utah Construction Trades Licensing Act, except
that this chapter governs any agency action commenced by the employer, licensee, or other person
authorized by law to contest the validity or correctness of the citation or assessment;
(g) state agency actions relating to management of state funds, the management and disposal
of school and institutional trust land assets, and contracts for the purchase or sale of products, real
property, supplies, goods, or services by or for the state, or by or for an agency of the state, except
as provided in those contracts, or judicial review of those actions;
(h) state agency actions under Title 7, Chapter 1, Article 3, Powers and Duties of
Commissioner of Financial Institutions; and Title 7, Chapter 2, Possession of Depository Institution
by Commissioner; Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding
Companies; and Title 63, Chapter 30, Utah Governmental Immunity Act, or judicial review of those
actions;
(i) the initial determination of any person's eligibility for unemployment benefits, the initial
determination of any person's eligibility for benefits under Title 34A, Chapter 2, Workers'
Compensation, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial determination
of a person's unemployment tax liability;
(j) state agency actions relating to the distribution or award of monetary grants to or between
governmental units, or for research, development, or the arts, or judicial review of those actions;
(k) the issuance of any notice of violation or order under Title 26, Chapter 8, Utah
Emergency Medical Services System Act; Title 19, Chapter 2, Air Conservation Act; Title 19,
Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act; Title 19, Chapter
5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter
6, Part 4, Underground Storage Tank Act; or Title 19, Chapter 6, Part 7, Used Oil Management Act,
except that this chapter governs any agency action commenced by any person authorized by law to
contest the validity or correctness of the notice or order;
(l) state agency actions, to the extent required by federal statute or regulation to be conducted
according to federal procedures;
(m) the initial determination of any person's eligibility for government or public assistance
benefits;
(n) state agency actions relating to wildlife licenses, permits, tags, and certificates of
registration;
(o) licenses for use of state recreational facilities; and
(p) state agency actions under Title 63, Chapter 2, Government Records Access and
Management Act, except as provided in Section 63-2-603 .
(3) This chapter does not affect any legal remedies otherwise available to:
(a) compel an agency to take action; or
(b) challenge an agency's rule.
(4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
proceeding, or the presiding officer during an adjudicative proceeding from:
(a) requesting or ordering conferences with parties and interested persons to:
(i) encourage settlement;
(ii) clarify the issues;
(iii) simplify the evidence;
(iv) facilitate discovery; or
(v) expedite the proceedings; or
(b) granting a timely motion to dismiss or for summary judgment if the requirements of Rule
12(b) or Rule 56, respectively, of the Utah Rules of Civil Procedure are met by the moving party,
except to the extent that the requirements of those rules are modified by this chapter.
(5) (a) Declaratory proceedings authorized by Section 63-46b-21 are not governed by this
chapter, except as explicitly provided in that section.
(b) Judicial review of declaratory proceedings authorized by Section 63-46b-21 are governed
by this chapter.
(6) This chapter does not preclude an agency from enacting rules affecting or governing
adjudicative proceedings or from following any of those rules, if the rules are enacted according to
the procedures outlined in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and if the
rules conform to the requirements of this chapter.
(7) (a) If the attorney general issues a written determination that any provision of this chapter
would result in the denial of funds or services to an agency of the state from the federal government,
the applicability of those provisions to that agency shall be suspended to the extent necessary to
prevent the denial.
(b) The attorney general shall report the suspension to the Legislature at its next session.
(8) Nothing in this chapter may be interpreted to provide an independent basis for
jurisdiction to review final agency action.
(9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
shown, from lengthening or shortening any time period prescribed in this chapter, except those time
periods established for judicial review.
Section 73. Section 63-55-209 is amended to read:
63-55-209. Repeal dates, Title 9.
(1) Title 9, Chapter 1, Part 8, Commission on National and Community Service Act, is
repealed July 1, 1999.
(2) Title 9, Chapter 2, Part 3, Small Business Advisory Council, is repealed July 1, 1999.
(3) Title 9, Chapter 2, Part 4, Enterprise Zone Act, is repealed July 1, 2008.
(4) Title 9, Chapter 2, Part 7, Utah Technology Finance Corporation Act, is repealed July
1, 2002.
(5) Section 9-2-1208 regarding waste tire recycling loans is repealed July 1, 2000.
(6) Title 9, Chapter 2, Part 16, Recycling Market Development Zone Act, is repealed July
1, 2000, Sections [
after January 1, 2001.
(7) Title 9, Chapter 3, Part 3, Heber Valley Historic Railroad Authority, is repealed July 1,
1999.
(8) Title 9, Chapter 4, Part 4, Disaster Relief, is repealed July 1, 1999.
(9) Title 9, Chapter 4, Part 9, Utah Housing Finance Agency Act, is repealed July 1, 2006.
Section 74. Section 63-55-258 is amended to read:
63-55-258. Repeal dates, Title 58.
(1) Title 58, Chapter 3a, Architects Licensing Act, is repealed July 1, 2003.
(2) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2002.
(3) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2008.
(4) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed July
1, 2006.
(5) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
(6) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 1999.
(7) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
(8) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2003.
(9) Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, is
repealed July 1, 2005.
(10) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2003.
(11) Title 58, Chapter 26, Certified Public Accountant Licensing Act, is repealed July 1,
2002.
(12) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
(13) Title 58, Chapter [
(14) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 2007.
(15) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is repealed July 1, 2007.
(16) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 2007.
(17) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2005.
(18) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is
repealed July 1, 1999.
(19) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
(20) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2000.
(21) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2003.
(22) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2004.
(23) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
(24) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 2008.
(25) Title 58, Chapter 58, Preneed Funeral Arrangement Act, is repealed July 1, 2001.
(26) Title 58, Chapter 59, Employee Leasing Company Licensing Act, is repealed July 1,
2002.
(27) Title 58, Chapter 66, Utah Professional Boxing Regulation Act, is repealed July 1,
2005.
(28) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.
(29) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
(30) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1,
2006.
(31) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July 1, 2006.
(32) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
(33) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006.
Section 75. Section 63-55b-131 , which is renumbered from Section 63-55b-3101 is
renumbered and amended to read:
[
Section 31A-23-315 is repealed July 1, 2001.
Section 76. Section 63-55b-153 , which is renumbered from Section 63-55b-5301 is
renumbered and amended to read:
[
(1) Section 53A-1-403.5 is repealed July 1, 2007.
(2) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July 1,
2002.
Section 77. Section 63-55b-159 , which is renumbered from Section 63-55b-5901 is
renumbered and amended to read:
[
(1) Section 59-7-604 is repealed January 1, 2002.
(2) Section 59-7-611 and Sections 59-10-601 through 59-10-604 are repealed January 1,
2001.
(3) Section 59-9-101.1 is repealed January 1, 2001, and the department may not impose an
assessment under Section 59-9-101.1 after December 31, 2000.
Section 78. Section 63-55b-163 , which is renumbered from Section 63-55b-6301 is
renumbered and amended to read:
[
(1) Sections 63-63b-101 and 63-63b-102 are repealed on July 1, 2002.
(2) Section 63D-1-301.6 is repealed January 1, 1999.
Section 79. Section 63A-5-220 is amended to read:
63A-5-220. Definitions -- Creation of Trust Fund for People with Disabilities -- Use of
trust fund monies -- Feasibility study and report.
(1) As used in this section:
(a) "Developmental center" means the Utah State Developmental Center described in Section
62A-5-201 .
(b) "Division" means the Division of Services for People with Disabilities within the
Department of Human Services.
(c) "Fund" means the Trust Fund for People with Disabilities created by this section.
(2) Notwithstanding the provisions of Section 63A-5-215 , any monies received by the
division from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
property associated with the developmental center shall be deposited in the fund.
(3) (a) There is created a restricted account within the General Fund entitled the "Trust Fund
for People with Disabilities."
(b) The Division of Finance shall deposit the following revenues into the fund:
(i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
disposition of real property associated with the developmental center;
(ii) revenue from the sale, lease, or other disposition of water rights associated with the
developmental center; and
(iii) revenue from voluntary contributions made to the fund.
(c) Notwithstanding the provisions of Section 65A-4-1 , any sale or disposition of real
property or water rights associated with the developmental center shall be conducted as provided in
this Subsection (3)(c).
(i) The division shall secure the approval of the governor through the director of the Division
of Facilities Construction and Management before making the sale or other disposition of land or
water rights.
(ii) The Division of Facilities Construction and Management shall sell or otherwise dispose
of the land or water rights as directed by the governor.
(d) The state treasurer shall invest monies contained in the fund according to the procedures
and requirements of Title 51, Chapter 7, State Money Management Act, and all interest shall remain
with the fund.
(e) (i) Except as provided in Subsection (3)(e)(ii), no expenditure or appropriation may be
made from the fund.
(ii) (A) The Legislature may appropriate interest earned on fund monies invested pursuant
to Subsection (3)(d), leases from real property and improvements, [
fees to the Division of Services for People with Disabilities within the Department of Human
Services for use by that division for programs described in Title 62A, Chapter 5, Services to People
with Disabilities.
(B) Fund monies appropriated each year under Subsection (3)(e)(ii)(A) may not be expended
unless approved by the Board of Services for People with Disabilities within the Department of
Human Services.
(4) By July 1, 1998, the Board of Regents shall:
(a) review the advisability of leasing developmental center land by Utah Valley State
College;
(b) in conducting their review, consult with the Division of Facilities Construction and
Management about the advantages and disadvantages of the leasing and purchasing options;
(c) if the board determines that a lease or purchase is advisable, identify which land should
be acquired, the terms of the lease or purchase, and the financing mechanism to be used; and
(d) report its findings, conclusions, and recommendations to the Education Interim
Committee, the Health and Human Services Interim Committee, and the Executive Appropriations
Interim Committee.
Section 80. Section 63C-3-104 is amended to read:
63C-3-104. Duties of commission.
The Health Policy Commission shall report to the Legislature and the governor on the
following issues in accordance with Section 63C-3-101 :
(1) (a) Each year, the commission may consider and make recommendations on the
following:
(i) federal health care reform and its impact on the state, including recommendations to
respond to federal health initiatives;
(ii) proposals for Medicaid reform and federal Medicaid waivers;
(iii) evaluation of Medicare and its relationship to Utah's reform;
(iv) impact of state initiatives on access, quality, and cost;
(v) impact of market structure on competition;
(vi) simplification of the administrative process;
(vii) feasibility of establishing a statewide health information repository for the purpose of
gathering statistical information about providers, practice parameters, cost, quality, and access, while
protecting confidential information containing personal identifiers of patients from inclusion in any
data base, except a data base created in accordance with Title 26, Chapter 33a, Utah Health Data
Authority Act;
(viii) review the need for, and revisions to benefit plans;
(ix) the impact of federal and state health care reform on the viability of academic health
centers in Utah; and
(x) other issues that are discovered during the planning process.
(b) The commission may change the order in which it considers and makes recommendations
on the issues described in Subsections (2) through (8) and may consider other issues as it considers
necessary to promote the purposes of this chapter.
(2) By December 1, 1995:
(a) advisability of, and if recommended, formation of a purchasing cooperative for
individuals and employers with 50 or fewer employees, including structure, membership, costs,
benefit plans, and health plan approval criteria;
(b) impact of medical savings accounts in the health care market;
(c) plan to address special population needs;
(d) plan to continue the following insurance reform implementation and refinement:
(i) systemwide community rating;
(ii) portability;
(iii) guaranteed issue; and
(iv) risk adjustment mechanism;
(e) [
monitoring of the impact of managed health care plans in frontier areas of the state, and any
consequences such plans have on the cost of medical care and access to health care providers in
rural-frontier areas of the state;
(f) [
(g) health care provider education reform emphasizing primary care and financing the health
care provider education system.
(3) By December 1, 1996:
(a) alternatives to capitated reimbursement;
(b) final recommendations for rural health plan; and
(c) feasibility of including the following in a benefit plan:
(i) alcohol and drug treatment;
(ii) long-term care; and
(iii) integrating worker's compensation and automobile/health insurance.
(4) By December 1, 1997:
(a) mental health care reform;
(b) long-term care initiatives;
(c) advisability of, and if recommended, formation of a purchasing cooperative for the public
sector; and
(d) advisability of rating health insurance premiums based on lifestyle choices that affect
health care expenditures, including the consumption of alcohol or tobacco and other behaviors that
increase health risks.
(5) By December 1, 1998:
(a) feasibility of including Medicaid in a purchasing cooperative;
(b) [
(c) [
(d) study and make recommendations on health care consumer education, information, and
advocacy.
(6) By December 1, 1999:
(a) evaluate the purchasing cooperatives;
(b) evaluate the advisability of expanding purchasing cooperative to employers with 50 to
100 employees;
(c) evaluate need for employer/individual mandates; and
(d) evaluate future needs of or for the uninsurable risk pool.
(7) By December 1, 2000, a comprehensive report and review on the implementation and
effectiveness of the state's health care reform.
(8) The issues listed in this section are intended only to be study items for the commission.
They do not represent a predetermined final outcome of that study. Any implementation of
recommendations resulting from the study remain the prerogative of the Legislature.
Section 81. Section 63C-7-211 is amended to read:
63C-7-211. Annual report to governor and Legislature -- Contents -- Audit by state
auditor -- Reimbursement for costs.
(1) The Utah Communications Agency Network shall, following the close of each fiscal
year, submit an annual report of its activities for the preceding year to the governor and the
Legislature. Each report shall set forth a complete operating and financial statement of the agency
during the fiscal year it covers.
(2) The state auditor shall at least once in each year audit the books and accounts of the Utah
Communications Agency Network or shall contract with an independent certified public accountant
for this audit. The audit shall include a review of the procedures adopted under the requirements of
Subsection [
with the requirements of Subsection [
(3) The Utah Communications Agency Network shall reimburse the state auditor from
available moneys of the Utah Communications Agency Network for the actual and necessary costs
of that audit.
Section 82. Section 63C-9-501 is amended to read:
63C-9-501. Soliciting donations.
(1) The executive director, under the direction of the board, shall:
(a) develop plans and programs to solicit gifts, money, and items of value from private
persons, foundations, or organizations; and
(b) actively solicit donations from those persons and entities.
(2) (a) Property provided by those entities [
the control of the board.
(b) Subsection (2)(a) does not apply to temporary exhibits or to the personal property of
persons having an office in a building on capitol hill.
(3) The board shall:
(a) deposit monies donated to the board into the State Capitol Fund established by this part;
and
(b) use gifts of money made to the board for the purpose specified by the grantor, if any.
Section 83. Section 63D-1-204 is amended to read:
63D-1-204. Purpose -- Duties -- Quorum.
(1) The commission shall:
(a) study Utah's present and future information technology needs;
(b) make recommendations regarding the coordination and governance of the information
technology needs for the Executive, Legislative, and Judicial Departments;
(c) solicit and consider recommendations made by the governor, Judiciary, Legislature, and
the public regarding information technology;
(d) consider the scope of the Public Service Commission's authority to regulate information
technology;
(e) consider issues of economic development with regard to information technology;
(f) (i) receive reports concerning expenditures for information technology and appropriation
requests from:
(A) the Executive Department as provided in Subsections 63-38-2 (7)(a)(i) and Section
[
(B) the Judicial and Legislative Departments; and
(ii) make recommendations to Executive Appropriations and the appropriate appropriations
subcommittees of the Legislature;
(g) review, analyze, and study any issue concerning or related to information technology or
practice that is of interest to the commission;
(h) submit to the Legislature before the annual general session its reports and
recommendations for information technology projects or legislation; and
(i) if needed, prepare legislation concerning information technology for submission to the
Legislature in its annual general session.
(2) Eleven members shall be a quorum for the conduct of business.
(3) The commission is authorized to prepare, publish, and distribute reports of its studies,
recommendations, and statements.
Section 84. Section 64-9b-2 is amended to read:
64-9b-2. Definitions.
As used in this [
(1) "Department" means the Department of Corrections.
(2) "Inmate" means any man or woman who is under the jurisdiction of the department and
who is assigned to the Utah state prison or to a county jail.
Section 85. Section 64-9b-6 is amended to read:
64-9b-6. Rules.
The department is authorized to promulgate rules in accordance with Title 63, Chapter 46a,
the Utah Administrative Rulemaking Act, as necessary to carry out the purposes of this [
Section 86. Section 67-19a-401 is amended to read:
67-19a-401. Time limits for submission of appeal by aggrieved employee -- Voluntary
termination of employment -- Group grievances.
(1) Subject to the standing requirements contained in Part 3 and the restrictions contained
in this part, a career service employee may have a grievance addressed by following the procedures
specified in this part.
(2) The employee and the person to whom the grievance is directed may agree in writing to
waive or extend grievance steps 2, 3, or 4 or the time limits specified for those grievance steps, as
outlined in Section 67-19a-402 .
(3) Any writing made pursuant to Subsection (2) must be submitted to the administrator.
(4) (a) Unless the employee meets the requirements for excusable neglect established by rule,
if the employee fails to process the grievance to the next step within the time limits established in
this part, he has waived his right to process the grievance or to obtain judicial review of the
grievance.
(b) Unless the employee meets the requirements for excusable neglect established by rule,
if the employee fails to process the grievance to the next step within the time limits established in
this part, the grievance is considered to be settled based on the decision made at the last step.
(5) (a) Unless the employee meets the requirements for excusable neglect established by rule,
an employee may submit a grievance for review under this chapter only if the employee submits the
grievance:
(i) within 20 working days after the event giving rise to the grievance; or
(ii) within 20 working days after the employee has knowledge of the event giving rise to the
grievance.
(b) Notwithstanding Subsection [
than one year after the event giving rise to the grievance.
(6) A person who has voluntarily terminated his employment with the state may not submit
a grievance after he has terminated his employment.
(7) (a) When several employees allege the same grievance, they may submit a group
grievance by following the procedures and requirements of this chapter.
(b) In submitting a group grievance, each aggrieved employee shall sign the complaint.
(c) The administrator and board may not treat a group grievance as a class action, but may
select one aggrieved employee's grievance and address that grievance as a test case.
Section 87. Section 70A-2a-534 is amended to read:
70A-2a-534. Other remedies.
In addition to the rights and remedies provided for lease agreements and lease disputes in this
chapter, a consumer, dealer, lessee, lessor, and manufacturer of assistive technology as defined in
Section 70A-2-802 may exercise rights and seek remedies pursuant to any lease agreement under
Title 70A, Chapter 2, Part 8, Assistive Technology Warranty Act, as limited by Subsections
70A-2-805 (4) and [
Section 88. Section 72-7-106 is amended to read:
72-7-106. Gates on B system county highways.
(1) The county executive of any county may provide for the erection and maintenance of
gates on the B system county highways in order to avoid the necessity of building highway fences.
(2) The person for whose immediate benefit the gates are erected or maintained shall in all
cases bear the expense.
(3) Nothing contained in Section 72-7-105 shall be construed to prohibit any person from
placing any unlocked, nonrestrictive gate across any B system county highway, or maintaining the
same, with the approval of the county executive of that county.
(4) A gate may not be allowed on any B system county highways except those gates allowed
by the county executive in accordance with the provisions of this section. If the expense of the
erection and maintenance of the allowed gates is not paid or if any lock or other device is placed
upon the gates so as to make them restrictive, the county executive of that county shall notify the
responsible party that their approval is terminated and the gate shall be considered to be an
obstruction pursuant to Section 72-7-105 .
(5) The placement or maintenance of gates with the consent of the county executive across
B system county highways for the statutory period of time does not constitute or establish an
abandonment by the county and does not establish an easement on behalf of the person establishing
the gate.
(6) A person who commits any of the following acts is guilty of a class B misdemeanor and
is liable for any and all damages suffered by any party as a result of the acts:
(a) leave open any gate, erected or maintained under this section;
(b) unnecessarily drive over the ground adjoining the highway on which [
erected;
(c) place any lock or other restrictive device on a gate; or
(d) violate any rules or regulations of any county legislative body relating to the gates within
the county.
(7) The provisions of this section relating to maintenance and removal of gates over B
system county highways applies retrospectively to all gates in existence on April 1, 1976.
Section 89. Section 72-7-204 is amended to read:
72-7-204. Issuance of licenses -- Fees -- Duration -- Renewal -- Disposition of proceeds.
(1) The department has the sole authority to issue licenses for the establishment,
maintenance, and operation of junkyards within the limits defined in Section [
and shall charge a $10 license fee payable annually in advance.
(2) All licenses issued under this section expire on the first day of January following the date
of issue. Licenses may be renewed from year to year upon payment of the requisite fee.
(3) Proceeds from the license fee shall be deposited with the state treasurer and credited to
the Transportation Fund.
Section 90. Section 72-7-401 is amended to read:
72-7-401. Application of size, weight, and load limitations for vehicles -- Exceptions.
(1) (a) Except as provided in Subsection (2), the maximum size, weight, and load limitations
on vehicles under this part apply to all highways throughout the state.
(b) Local authorities may not alter the limitations except as expressly provided under
Sections 41-6-17 and 72-7-408 .
(2) Except as specifically made applicable, the size, weight, and load limitations in this
chapter do not apply to:
(a) fire-fighting apparatus;
(b) highway construction and maintenance equipment being operated at the site of
maintenance or at a construction project as authorized by a highway authority;
(c) implements of husbandry incidentally moved on a highway while engaged in an
agricultural operation or incidentally moved for repair or servicing, subject to the provisions of
Section 72-7-407 ;
(d) vehicles transporting logs or poles from forest to sawmill:
(i) when required to move upon a highway other than the national system of interstate and
defense highways;
(ii) if the gross vehicle weight does not exceed 80,000 pounds; and
(iii) the vehicle or combination of vehicles are in compliance with Subsections 72-7-404 (1)
and (2)(a); and
(e) tow trucks or towing vehicles under emergency conditions when:
(i) it becomes necessary to move a vehicle, combination of vehicles, special mobile
equipment, or objects to the nearest safe area for parking or temporary storage;
(ii) no other alternative is available; and
(iii) the movement is for the safety of the traveling public.
(3) (a) Except when operating on the national system of interstate and defense highways, a
motor vehicle carrying livestock as defined in Section 4-1-8 , or a motor vehicle carrying raw grain
if the grain is being transported by the farmer from his farm to market prior to bagging, weighing,
or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations specified under
Section 72-7-404 without obtaining an overweight permit under Section 72-7-406 .
(b) Subsection (3)(a) is an exception to Sections 72-7-404 and 72-7-406 .
Section 91. Section 72-7-402 is amended to read:
72-7-402. Limitations as to vehicle width, height, length, and load extensions.
(1) (a) Except as provided by statute, all state or federally approved safety devices and any
other lawful appurtenant devices, including refrigeration units, hitches, air line connections, and load
securing devices related to the safe operation of a vehicle are excluded for purposes of measuring
the width and length of a vehicle under the provisions of this part, if the devices are not designed or
used for carrying cargo.
(b) Load-induced tire bulge is excluded for purposes of measuring the width of vehicles
under the provisions of this part.
(2) A vehicle unladen or with a load may not exceed a width of 8-1/2 feet.
(3) A vehicle unladen or with a load may not exceed a height of 14 feet.
(4) (a) (i) A single-unit vehicle, unladen or with a load, may not exceed a length of 45 feet
including front and rear bumpers.
(ii) In this section, a truck tractor coupled to one or more semitrailers or trailers is not
considered a single-unit vehicle.
(b) (i) Except as provided under Subsection (4)(b)(iii), a semitrailer, unladen or with a load,
may not exceed a length of 48 feet excluding refrigeration units, hitches, air line connections, and
safety appurtenances.
(ii) There is no overall length limitation on a truck tractor and semitrailer combination when
the semitrailer length is 48 feet or less.
(iii) A semitrailer that exceeds a length of 48 feet but does not exceed a length of 53 feet may
operate on a route designated by the department or within one mile of that route.
(c) (i) Two trailers coupled together, unladen or with a load, may not exceed an overall
length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.
(ii) There is no overall length limitation on a truck tractor and double trailer combination
when the trailers coupled together measure 61 feet or less.
(d) All other combinations of vehicles, unladen or with a load, when coupled together, may
not exceed a total length of 65 feet, except the length limitations do not apply to combinations of
vehicles operated at night by a public utility when required for emergency repair of public service
facilities or properties, or when operated under a permit under Section 72-7-406 .
(5) (a) Subject to Subsection (4), a vehicle or combination of vehicles may not carry any load
extending more than three feet beyond the front of the body of the vehicle or more than six feet
beyond the rear of the bed or body of the vehicle.
(b) A passenger vehicle may not carry any load extending beyond the line of the fenders on
the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the
right side of the vehicle.
(6) Any exception to this section must be authorized by a permit as provided under Section
72-7-406 .
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules designating routes where a semitrailer that exceeds a length of 48 feet
but that does not exceed a length of 53 feet may operate as provided under Subsection (4)(b)(iii).
(8) Any person who violates this section is guilty of a class B misdemeanor.
Section 92. Section 72-7-404 is amended to read:
72-7-404. Maximum gross weight limitation for vehicles -- Bridge formula for weight
limitations -- Minimum mandatory fines.
(1) (a) As used in this section:
(i) "Axle load" means the total load on all wheels whose centers may be included between
two parallel transverse vertical planes 40 inches apart.
(ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more than
96 inches apart and having at least one common point of weight suspension.
(b) The tire load rating shall be marked on the tire sidewall. A tire, wheel, or axle may not
carry a greater weight than the manufacturer's rating.
(2) (a) A vehicle may not be operated or moved on any highway in the state with:
(i) a gross weight in excess of 10,500 pounds on one wheel;
(ii) a single axle load in excess of 20,000 pounds; or
(iii) a tandem axle load in excess of 34,000 pounds.
(b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle or
combination of vehicles may not exceed 80,000 pounds.
(3) (a) Subject to the limitations in Subsection (2), no group of two or more consecutive
axles between the first and last axle of a vehicle or combination of vehicles and no vehicle or
combination of vehicles may carry a gross weight in excess of the weight provided by the following
bridge formula, except as provided in Subsection (3)(b):
(i) W = overall gross weight on any group of two or more consecutive axles to the nearest
500 pounds.
(ii) L = distance in feet between the extreme of any group of two or more consecutive axles.
When the distance in feet includes a fraction of a foot of one inch or more the next larger number
of feet shall be used.
(iii) N = number of axles in the group under consideration.
(b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each
if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36
feet or more.
(4) Any exception to this section must be authorized by an overweight permit as provided
in Section 72-7-406 .
(5) (a) Any person who violates this section is guilty of a class B misdemeanor except that,
notwithstanding Sections 76-3-301 and 76-3-302 , the violator shall pay the largest minimum
mandatory fine of either:
(i) $50 plus the sum of the overweight axle fines calculated under Subsection (5)(b); or
(ii) $50 plus the gross vehicle weight fine calculated under Subsection (5)(b).
(b) The fine for each axle and a gross vehicle weight violation shall be calculated according
to the following schedule:
Number of Pounds Axle Fine (Cents Gross Vehicle
Overweight per Pound for Each Weight Fine
Overweight Axle) (Cents per Pound)
1 - 2,000 0 0
2,001 - 5,000 4 5
5,001 - 8,000 5 5
8,001 - 12,000 6 5
12,001 - 16,000 7 5
16,001 - 20,000 9 5
20,001 - 25,000 11 5
25,001 or more 13 5
Section 93. Section 72-7-502 is amended to read:
72-7-502. Definitions.
As used in this part:
(1) "Commercial or industrial activities" means those activities generally recognized as
commercial or industrial by zoning authorities in this state, except that none of the following are
commercial or industrial activities:
(a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh
produce stands;
(b) transient or temporary activities;
(c) activities not visible from the main-traveled way;
(d) activities conducted in a building principally used as a residence; and
(e) railroad tracks and minor sidings.
(2) "Commercial or industrial zone" means only:
(a) those areas within the boundaries of cities or towns that are used or reserved for business,
commerce, or trade, or zoned as a highway service zone, under enabling state legislation or
comprehensive local zoning ordinances or regulations;
(b) those areas within the boundaries of urbanized counties that are used or reserved for
business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation
or comprehensive local zoning ordinances or regulations;
(c) those areas outside the boundaries of urbanized counties and outside the boundaries of
cities and towns that:
(i) are used or reserved for business, commerce, or trade, or zoned as a highway service
zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and
(ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from
the nearest point of the beginning or ending of the pavement widening at the exit from or entrance
to the main-traveled way; or
(d) those areas outside the boundaries of urbanized counties and outside the boundaries of
cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
measured from the nearest point of the beginning or ending of the pavement widening at the exit
from or entrance to the main-traveled way that are reserved for business, commerce, or trade under
enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually
used for commercial or industrial purposes.
(3) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
allowing outdoor advertising.
(4) "Comprehensive local zoning ordinances or regulations" means a municipality's
comprehensive plan required by Section 10-9-301 , the municipal zoning plan authorized by Section
10-9-401 , and the county master plan authorized by Sections 17-27-301 and 17-27-401 . Property
that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably presumed to
have not been zoned for the sole purpose of allowing outdoor advertising.
(5) "Directional signs" means signs containing information about public places owned or
operated by federal, state, or local governments or their agencies, publicly or privately owned natural
phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic
beauty or naturally suited for outdoor recreation, that the department considers to be in the interest
of the traveling public.
(6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint,
draw, or in any other way bring into being.
(b) "Erect" does not include any activities defined in Subsection (a) if they are performed
incident to the change of an advertising message or customary maintenance of a sign.
(7) "Highway service zone" means a highway service area where the primary use of the land
is used or reserved for commercial and roadside services other than outdoor advertising to serve the
traveling public.
(8) "Information center" means an area or site established and maintained at rest areas for
the purpose of informing the public of:
(a) places of interest within the state; or
(b) any other information that the department considers desirable.
(9) "Interchange or intersection" means those areas and their approaches where traffic is
channeled off or onto an interstate route, excluding the deacceleration lanes, acceleration lanes, or
feeder systems, from or to another federal, state, county, city, or other route.
(10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
(11) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God.
(12) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
acceleration lanes, deacceleration lanes, and feeder systems, exclusive of frontage roads and ramps.
For a divided highway, there is a separate main-traveled way for the traffic in each direction.
(13) "Official signs and notices" means signs and notices erected and maintained by public
agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties
or responsibilities in accordance with direction or authorization contained in federal, state, or local
law.
(14) "Off-premise signs" means signs located in areas zoned industrial, commercial, or H-1
and in areas determined by the department to be unzoned industrial or commercial.
(15) "On-premise signs" means signs used to advertise the major activities conducted on the
property where the sign is located.
(16) "Outdoor advertising" means any outdoor advertising structure or outdoor structure used
in combination with an outdoor advertising sign or outdoor sign.
(17) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured
perpendicular from the edge of a controlled highway right-of-way.
(18) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
including any necessary devices, supports, appurtenances, and lighting that is part of or supports an
outdoor sign.
(19) "Point of widening" means the point of the gore or the point where the intersecting lane
begins to parallel the other lanes of traffic, but the point of widening may never be greater than 2,640
feet from the center line of the intersecting highway of the interchange or intersection at grade.
(20) "Relocation" includes the removal of a sign from one situs together with the erection
of a new sign upon another situs in a commercial or industrial zoned area as a substitute.
(21) "Relocation and replacement" means allowing all outdoor advertising signs or permits
the right to maintain outdoor advertising along the interstate, federal aid primary highway existing
as of June 1, 1991, and national highway system highways to be maintained in a commercial or
industrial zoned area to accommodate the displacement, remodeling, or widening of the highway
systems.
(22) "Remodel" means the upgrading, changing, alteration, refurbishment, modification, or
complete substitution of a new outdoor advertising structure for one permitted pursuant to this [
part and that is located in a commercial or industrial area.
(23) "Rest area" means an area or site established and maintained within or adjacent to the
right-of-way by or under public supervision or control for the convenience of the traveling public.
(24) "Scenic or natural area" means an area determined by the department to have aesthetic
value.
(25) "Traveled way" means that portion of the roadway used for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
(26) (a) "Unzoned commercial or industrial area" means:
(i) those areas not zoned by state law or local law, regulation, or ordinance that are occupied
by one or more industrial or commercial activities other than outdoor advertising signs;
(ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
activities; and
(iii) lands covering the same dimensions that are directly opposite those activities on the
other side of the highway, if the department determines that those lands on the opposite side of the
highway do not have scenic or aesthetic value.
(b) In measuring the scope of the unzoned commercial or industrial area, all measurements
shall be made from the outer edge of the regularly used buildings, parking lots, storage, or processing
areas of the activities and shall be along or parallel to the edge of pavement of the highway.
(c) All signs located within an unzoned commercial or industrial area become
nonconforming if the commercial or industrial activity used in defining the area ceases for a
continuous period of 12 months.
(27) "Urbanized county" means a county with a population of at least 125,000 persons.
Section 94. Section 72-7-505 is amended to read:
72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor -- Limit
on implementation.
(1) (a) Except as provided in Subsection (2), a sign face within the state may not exceed the
following limits:
(i) maximum area - 1,000 square feet;
(ii) maximum length - 60 feet; and
(iii) maximum height - 25 feet.
(b) No more than two facings visible and readable from the same direction on the
main-traveled way may be erected on any one sign structure. Whenever two facings are so
positioned, neither shall exceed the maximum allowed square footage.
(c) Two or more advertising messages on a sign face and double-faced, back-to-back,
stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces enjoy
common ownership.
(d) A changeable message sign is permitted if the interval between message changes is not
more frequent than at least eight seconds and the actual message rotation process is accomplished
in three seconds or less.
(2) (a) An outdoor sign structure located inside the unincorporated area of a nonurbanized
county may have the maximum height allowed by the county for outdoor advertising structures in
the commercial or industrial zone in which the sign is located. If no maximum height is provided
for the location, the maximum sign height may be 65 feet above the ground or 25 feet above the
grade of the main traveled way, whichever is greater.
(b) An outdoor sign structure located inside an incorporated municipality or urbanized
county may have the maximum height allowed by the municipality or urbanized county for outdoor
advertising structures in the commercial or industrial zone in which the sign is located. If no
maximum height is provided for the location, the maximum sign height may be 65 feet above the
ground or 25 feet above the grade of the main traveled way, whichever is greater.
(3) Except as provided in Section 72-7-509 :
(a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
72-7-504 (1) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign adjacent
to an interstate highway or limited access primary highway, except that signs may be erected closer
than 500 feet if the signs on the same side of the interstate highway or limited access primary
highway are not simultaneously visible.
(b) Signs may not be located within 500 feet of any of the following which are adjacent to
the highway, unless the signs are in an incorporated area:
(i) public parks;
(ii) public forests;
(iii) public playgrounds;
(iv) areas designated as scenic areas by the department or other state agency having and
exercising this authority; or
(v) cemeteries.
(c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
highway or limited access highway on the primary system within 500 feet of an interchange, or
intersection at grade, or rest area measured along the interstate highway or freeway from the sign to
the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the
main-traveled way.
(B) Interchange and intersection distance limitations shall be measured separately for each
direction of travel. A measurement for each direction of travel may not control or affect any other
direction of travel.
(ii) A sign may be placed closer than 500 feet from the nearest point of the beginning or
ending of pavement widening at the exit from or entrance to the main-traveled way, if:
(A) the sign is at least 500 feet but not more than 2,640 feet from the nearest point of the
intersecting highway of the interchange; or
(B) the sign is replacing an existing outdoor advertising use or structure which is being
removed or displaced to accommodate the widening, construction, or reconstruction of an interstate,
federal aid primary highway existing as of June 1, 1991, or national highway system highway, and
it is located in a commercial or industrial zoned area inside an urbanized county or an incorporated
municipality.
(d) The location of signs situated on nonlimited access primary highways in commercial,
industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway shall
not exceed the following minimum spacing criteria:
(i) Where the distance between centerlines of intersecting streets, roads, or highways is less
than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between the
intersecting streets or highways.
(ii) Where the distance between centerlines of intersecting streets, roads, or highways is
1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
(e) All outdoor advertising shall be erected and maintained within the outdoor advertising
corridor.
(4) Subsection (3)(c)(ii) may not be implemented until:
(a) the Utah-Federal Agreement for carrying out national policy relative to control of outdoor
advertising in areas adjacent to the national system of interstate and defense highways and the
federal-aid primary system is modified to allow the sign placement specified in Subsection (3)(c)(ii);
and
(b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state and
the United States Secretary of Transportation.
Section 95. Section 72-7-510 is amended to read:
72-7-510. Existing outdoor advertising not in conformity with part -- Procedure --
Eminent domain -- Compensation -- Relocation.
(1) As used in this section, "nonconforming sign" means a sign that has been erected in a
zone or area other than commercial or industrial or where outdoor advertising is not permitted under
this part.
(2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
domain, any existing outdoor advertising and all property rights pertaining to the outdoor advertising
which were lawfully in existence on May 9, 1967, and which by reason of this part become
nonconforming.
(b) If the department, or any town, city, county, governmental entity, public utility, or any
agency or the United States Department of Transportation under this part, prevents the maintenance
as defined in Section 72-7-502 , or requires that maintenance of an existing sign be discontinued, the
sign in question shall be considered acquired by the entity and just compensation will become
immediately due and payable.
(c) Eminent domain shall be exercised in accordance with the provision of Title 78, Chapter
34, Eminent Domain.
(3) (a) Just compensation shall be paid for outdoor advertising and all property rights
pertaining to the same, including the right of the landowner upon whose land a sign is located,
acquired through the processes of eminent domain.
(b) For the purposes of this part, just compensation shall include the consideration of
damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
company's interest, which remaining properties, together with the properties actually condemned,
constituted an economic unit.
(c) The department is empowered to remove signs found in violation of Section 72-7-508
without payment of any compensation.
(4) Except as specifically provided in this section or Section 72-7-513 , this part may not be
construed to permit a person to place or maintain any outdoor advertising adjacent to any interstate
or primary highway system which is prohibited by law or by any town, city, or county ordinance.
Any town, city, county, governmental entity, or public utility which requires the removal, relocation,
alteration, change, or termination of outdoor advertising shall pay just compensation as defined in
this part and in Title 78, Chapter 34, Eminent Domain.
(5) Except as provided in Section 72-7-508 , no sign shall be required to be removed by the
department nor sign maintenance as described in this section be discontinued unless at the time of
removal or discontinuance there are sufficient funds, from whatever source, appropriated and
immediately available to pay the just compensation required under this section and unless at that
time the federal funds required to be contributed under 23 U.S.C., Sec. 131, if any, with respect to
the outdoor advertising being removed, have been appropriated and are immediately available to this
state.
(6) (a) If any outdoor advertising use, structure, or permit may not be continued because of
the widening, construction, or reconstruction along an interstate, federal aid primary highway
existing as of June 1, 1991, or national highway systems highway, the owner shall have the option
to relocate and remodel the use, structure, or permit to another location:
(i) on the same property;
(ii) on adjacent property;
(iii) on the same highway within 5280 feet of the previous location, which may be extended
5280 feet outside the areas described in Subsection 72-7-505 (3)(c)(i)(A), on either side of the same
highway; or
(iv) mutually agreed upon by the owner and the county or municipality in which the use,
structure, or permit is located.
(b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned area
or where outdoor advertising is permitted under this part.
(c) The county or municipality in which the use or structure is located shall, if necessary,
provide for the relocation and remodeling by ordinance for a special exception to its zoning
ordinance.
(d) The relocated and remodeled use or structure may be:
(i) erected to a height and angle to make it clearly visible to traffic on the main-traveled way
of the highway to which it is relocated or remodeled;
(ii) the same size and at least the same height as the previous use or structure, but the
relocated use or structure may not exceed the size and height permitted under this part;
(iii) relocated to a comparable vehicular traffic count.
(7) (a) The governmental entity, quasi-governmental entity, or public utility that causes the
need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall pay
the costs related to the relocation, remodeling, or acquisition.
(b) If a governmental entity prohibits the relocation and remodeling as provided in
Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
Section 96. Section 72-7-515 is amended to read:
72-7-515. Utah-Federal Agreement -- Severability clause.
(1) As used in this section, "Utah-Federal Agreement" means the agreement relating to
outdoor advertising that is described under Section 72-7-501 , and it includes any modifications to
the agreement that are signed on behalf of both the state and the United States Secretary of
Transportation.
(2) The provisions of this [
provisions of the Utah-Federal Agreement.
(3) If any provision of this part or its application to any person or circumstance is found to
be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the remainder
of this [
affected by it.
Section 97. Section 72-12-109 is amended to read:
72-12-109. Wage and hour regulations unaffected by ride-sharing.
The fact that an employee participates in any kind of ride-sharing arrangement does not
[
or otherwise regulating the hours a person may work.
Section 98. Section 73-15-5 is amended to read:
73-15-5. Transfer of records and data to division -- Establishment of reporting and
recordkeeping procedures.
All records and data collected by the department of meteorology of the state school of mines
and mineral industries of the University of Utah since [
permanent record. The Division of Water Resources shall establish forms and/or criteria for reporting
data and record keeping and cause that a permanent record is kept of all pertinent data related to
cloud-seeding projects, cloud-seeding research projects, or research related to other factors that may
be affected by cloud-seeding activities.
Section 99. Section 75-2-610 is amended to read:
75-2-610. Marital deduction formulas -- Wills.
For estates of decedents dying after December 31, 1981, where a decedent's will executed
before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to
receive the maximum amount of property qualifying for the marital deduction allowable by federal
law, this formula shall be construed as referring to the unlimited marital deduction allowable by
federal law as amended by [
of 1981.
Section 100. Section 76-6-404.5 is amended to read:
76-6-404.5. Wrongful appropriation -- Penalties.
(1) A person commits wrongful appropriation if he obtains or exercises unauthorized control
over the property of another, without the consent of the owner or legal custodian and with intent to
temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal
custodian of possession of the property.
(2) The consent of the owner or legal custodian of the property to its control by the actor is
not presumed or implied because of the owner's or legal custodian's consent on a previous occasion
to the control of the property by any person.
(3) Wrongful appropriation is punishable one degree lower than theft, as provided in Section
76-6-412 , so that a violation which would have been:
(a) a second degree felony under Section 76-6-412 if it had been theft is a third degree felony
if it is wrongful appropriation;
(b) a third degree felony under Section 76-6-412 if it had been theft is a class A
misdemeanor if it is wrongful appropriation;
(c) a class A misdemeanor under Section 76-6-412 if it had been theft is a class B
misdemeanor if it is wrongful appropriation; and
(d) a class B misdemeanor under Section 76-6-412 if it had been theft is a class C
misdemeanor if it is wrongful appropriation[
[
Section 101. Section 77-18-9 is amended to read:
77-18-9. Definitions.
As used in this chapter:
(1) "Administrative finding" means a decision upon a question of fact reached by an
administrative agency following an administrative hearing or other procedure satisfying the
requirements of due process.
(2) "Certificate of eligibility" means a document issued by the division stating that the
criminal record which is the subject of a petition for expungement is eligible for expungement.
(3) "Conviction" means judgment by a criminal court on a verdict or finding of guilty after
trial, a plea of guilty, or a plea of nolo contendere.
(4) "Division" means the Law Enforcement Criminal Investigations and Technical Services
Division of the Department of Public Safety established in Section [
(5) "Expungement" means the sealing or destruction of a criminal record, including records
of the investigation, arrest, detention, or conviction of the petitioner.
(6) "Jurisdiction" means an area of authority.
(7) "Petitioner" means a person seeking expungement under this chapter.
(8) Second degree forcible felony includes:
(a) aggravated assault, if the person intentionally causes serious bodily injury;
(b) aggravated assault by a prisoner;
(c) aggravated assault on school premises;
(d) intentional child abuse;
(e) criminally negligent automobile homicide;
(f) reckless child abuse homicide;
(g) mayhem;
(h) manslaughter;
(i) kidnaping;
(j) forcible sexual abuse;
(k) robbery;
(l) felony fleeing causing death or serious bodily injury; or
(m) delivery of an explosive to a common carrier.
Section 102. Section 77-32a-2 is amended to read:
77-32a-2. Costs -- What constitute.
Costs shall be limited to expenses specially incurred by the state or any political subdivision
in investigating, searching for, apprehending, and prosecuting the defendant, including attorney fees
of counsel assigned to represent the defendant [
investigators' fees. Costs cannot include expenses inherent in providing a constitutionally guaranteed
trial or expenditures in connection with the maintenance and operation of government agencies that
must be made by the public irrespective of specific violations of law. Costs cannot include attorneys'
fees for prosecuting attorneys.
Section 103. Section 78-5-101 is amended to read:
78-5-101. Creation of justice court -- Not of record.
Under Article VIII, Section 1, Utah Constitution, there is created a court not of record known
as the justice court. The judges of this court are justice court judges. [
Section 104. Section 78-5-102 is amended to read:
78-5-102. Offices of justice court judges.
(1) Justice court judges holding office in:
(a) county precincts are county justice court judges; and
(b) cities or towns are municipal justice court judges.
(2) With the concurrence of the governing bodies of both the county and municipality, a
justice court judge may hold both the offices of county and municipal justice court judge.
(3) The county legislative body may establish a single precinct or divide the county into
multiple precincts to create county justice courts for public convenience.
(4) (a) The governing body may assign as many justice court judges to a court as required
for efficient judicial administration.
(b) If more than one judge is assigned to a court, any citations, informations, or complaints
within that court shall be assigned to the judges at random.
(5) A municipality or county may contract with any other municipality or municipalities
within the county under Title 11, Chapter 13, Interlocal Cooperation Act, to establish a justice court.
A justice court established under Title 11, Chapter 13, shall meet the requirements for certification
under Section 78-5-139 . A justice court established under Title 11, Chapter 13, shall have territorial
jurisdiction as if established separately.
[
Section 105. Section 78-5-103 is amended to read:
78-5-103. Territorial jurisdiction -- Voting.
(1) [
courts extends to the limits of the precinct for which the justice court is created and includes all cities
or towns within the precinct, except cities where a municipal justice court exists.
(2) The territorial jurisdiction of municipal justice courts extends to the corporate limits of
the municipality in which the justice court is created.
(3) The territorial jurisdiction of county and municipal justice courts functioning as
magistrates extends beyond the boundaries in Subsections (1) and (2):
(a) as set forth in Section 78-7-17.5 ; and
(b) to the extent necessary to carry out magisterial functions under Subsection 77-7-23 (2)
regarding jailed persons.
(4) For election of county justice court judges, all registered voters in the county justice court
precinct may vote at the judge's retention election.
Section 106. Section 78-14a-101 is amended to read:
78-14a-101. Definitions.
As used in this chapter, "therapist" means:
(1) a psychiatrist licensed to practice medicine under Section 58-67-301 , Utah Medical
Practice Act or under Section 58-68-301 , Utah Osteopathic Medical Practice Act;
(2) a psychologist licensed to practice psychology under Section 58-61-301 ;
(3) a marriage and family therapist licensed to practice marriage and family therapy under
Section 58-60-304 ;
(4) a social worker licensed to practice social work under Section 58-60-204 ; and
(5) a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric
nursing under Title 58, Chapter [
Section 107. Section 78-30-3.5 is amended to read:
78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in an adoptive
home until a preplacement adoptive evaluation, assessing the prospective adoptive parent and the
prospective adoptive home, has been conducted in accordance with the requirements of this section.
(b) The court may, at any time, authorize temporary placement of a child in a potential
adoptive home pending completion of a preplacement adoptive evaluation described in this section.
(c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be
adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by half
or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation is
otherwise requested by the court. The prospective adoptive parent described in this Subsection (c)
shall, however, obtain the information described in Subsections (2)(a) and (b), and file that
documentation with the court prior to finalization of the adoption.
(d) The requirements of Subsection (1)(a) are satisfied by a previous preplacement adoptive
evaluation conducted within three years prior to placement of the child, or an annual updated
adoptive evaluation conducted after that three-year period or within one year after finalization of a
previous adoption.
(2) The preplacement adoptive evaluation shall include:
(a) criminal history record information regarding each prospective adoptive parent and any
other adult living in the prospective home, received from the Criminal Investigations and Technical
Services Division of the Department of Public Safety, in accordance with Section 53-10-108 , no
earlier than 18 months immediately preceding placement of the child;
(b) a report from the Department of Human Services containing all information regarding
reports and investigation of child abuse, neglect, and dependency, with respect to each prospective
adoptive parent and any other adult living in the prospective home, obtained no earlier than 18
months immediately preceding placement of the child, pursuant to waivers executed by those parties;
and
(c) an evaluation conducted by an expert in family relations approved by the court or a
certified social worker, clinical social worker, marriage and family therapist, psychologist,
professional counselor, or other court-determined expert in family relations, who is licensed to
practice under the laws of this state. The evaluation shall be in a form approved by the Department
of Human Services. Neither the Department of Human Services nor any of its divisions may
proscribe who qualifies as an expert in family relations or who may conduct evaluations pursuant
to this Subsection (2).
(3) [
(4) (a) Except as provided in Subsections (b) and (c), a postplacement evaluation shall be
conducted and submitted to the court prior to the final hearing in an adoption proceeding. The
postplacement evaluation shall include:
(i) verification of the allegations of fact contained in the petition for adoption;
(ii) an evaluation of the progress of the child's placement in the adoptive home; and
(iii) a recommendation regarding whether the adoption is in the best interest of the child.
(b) The exemptions from and requirements for evaluations, described in Subsections (1)(c),
(2)(c), and (3), also apply to postplacement adoptive evaluations.
(c) Upon the request of the petitioner, the court may waive the postplacement adoptive
evaluation, unless it determines that it is in the best interest of the child to require the postplacement
evaluation.
(5) If the person or agency conducting the evaluation disapproves the adoptive placement,
either in the preplacement or postplacement adoptive evaluation, the court may dismiss the petition.
However, upon request of a prospective adoptive parent, the court shall order that an additional
preplacement or postplacement adoptive evaluation be conducted, and hold a hearing on the
suitability of the adoption, including testimony of interested parties.
(6) Prior to finalization of a petition for adoption the court shall review and consider the
information and recommendations contained in the preplacement and postplacement adoptive studies
required by this section.
Section 108. Section 78-45f-202 is amended to read:
78-45f-202. Procedure when exercising jurisdiction over nonresident.
A tribunal of this state exercising personal jurisdiction over a nonresident under Section
78-45f-201 may apply Section 78-45f-316 to receive evidence from another state, and Section
[
Parts 3, 4, 5, 6, and 7 do not apply and the tribunal shall apply the procedural and substantive law
of this state, including the rules on choice of law other than those established by this chapter.
Section 109. Section 78-46-1 is amended to read:
78-46-1. Title.
This [
Act."
Section 110. Repealer.
This act repeals:
Section 53-3-107, Driver license renewal station pilot program -- Kiosks -- Funding --
Reporting on program -- Sunset date.
Section 53-4-101, Short title.
Section 63-55b-6501, Repeal date - Section 65A-8-6.6.
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